A statutory declaration is a legal document that allows a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are made under statutory authority before a justice of the peace or a commissioner for oaths and may in certain circumstances be substituted for a statement on oath, such as an affidavit or sworn statement.
In the UAE, a statutory declaration may be required for certain legal or administrative procedures, such as changing one’s name after marriage, applying for a visa, or registering a business. In this article, we will explain everything about Statutory Declaration in the UAE in detail.
What is a Statutory Declaration?
A statutory declaration, also referred to as a solemn declaration or a declaration under penalty of perjury in certain places, is a written statement made by an individual before a person authorized to administer oaths. This authorized person can be a notary public, a judge, or a commissioner of oaths. It carries legal weight and requires the declarant to affirm the truthfulness of the statement, similar to swearing an oath in court.
A statutory declaration differs from an affidavit in that it is not made in relation to a legal proceeding, but rather for a specific purpose that requires a person to declare certain facts under oath.
Common Scenarios Requiring a Statutory Declaration in the UAE
A person may need to make a statutory declaration to confirm their:
- identity, name, date of birth, or place of birth
- marital status, divorce, or separation
- nationality, citizenship, or immigration status
- religion, faith, or conversion
- education, qualifications, or experience
- ownership, possession, or transfer of property or assets
- health, medical condition, or treatment
- travel, residence, or employment history
- relationship, kinship, or dependency with another person
- consent, authorization, or agreement for a certain action or transaction
- involvement, participation, or contribution in a certain event or activity
- opinion, belief, or intention on a certain matter or issue.
However, this is not an exhaustive list, and there may be other situations where a statutory declaration is needed or useful. Therefore, you should always consult a legal professional or the relevant authority or institution before making or submitting a statutory declaration.
Statutory Declaration vs. Affidavit: What’s the Difference and When to Use Them?
| Affidavit | Statutory Declaration |
| A written statement of fact that is made by a person and then stated to be true by swearing an oath or making an affirmation before someone who is authorised by law to witness and administer it. | A written statement of fact made by a person and then declared to be true without any oath or affirmation. |
| Generally used for court purposes. | Generally used for purposes outside of court, such as verifying identity, ownership, or marital status. |
| Must state that it is “made under oath” or “made under affirmation” to be valid. | Must state that it is “made under the penalty of perjury” or “made under the penalty of false statement” to be valid. |
| Can be witnessed and administered by a notary public, a judge, a magistrate, a consul, or a commissioner for oaths. | Can be witnessed and administered by a notary public, a judge, a magistrate, a consul, or a person authorised by law. |
| Making a false affidavit is a crime of perjury. | Making a false statutory declaration is a crime of perjury. |
Here is a comparison of affidavit and statutory declaration in the UAE:
How to Make a Statutory Declaration in the UAE?
To make a statutory declaration in the UAE, a person needs to follow these steps:
- Step 1: Prepare a draft of the statutory declaration:
The statutory declaration should be clear, concise, and specific, and should include the following information:
- The full name, address, and occupation of the person making the declaration
- The date and place of making the declaration
- The title or purpose of the declaration
- The facts that the person wants to declare, in numbered paragraphs
- The signature of the person making the declaration.
- Step 2: Find a person who is authorized to administer oaths in the UAE:
Find a person who is authorized to administer oaths in the UAE, such as a notary public Dubai, a judge, or a commissioner of oaths. The person who administers the oath should be independent and impartial, and should not have any interest or involvement in the matter that the declaration relates to.
- Step 3: Present the draft of the statutory declaration to the person who administers the oath:
Present the draft of the statutory declaration to the person who administers the oath, along with a valid identification document, such as a passport, an Emirates ID, or a driver’s license. The person who administers the oath will verify the identity of the person making the declaration, and will ask them to read the declaration aloud and swear or affirm that it is true and accurate.
- Step 4: Sign the statutory declaration in the presence of the person who administers the oath:
- Put your signature on the declaration and have the person who administers the oath sign and stamp it as well.
- Provide your thumbprint or fingerprint on the declaration, if requested by the person who administers the oath.
- Receive the original copy of the statutory declaration from the person who administers the oath.
- You may also need to pay a fee for the service, depending on the notary public or the commissioner for oaths.
- Step 5: Keep the original copy of the statutory declaration, and make copies as needed
Keep the original copy of the statutory declaration, and make copies as needed for the purpose that the declaration is intended for. The person who administers the oath may also keep a copy of the declaration for their records.
UAE Legalization of a Statutory Declaration
The legalization of a statutory declaration in the United Arab Emirates (UAE) involves a process to authenticate the document’s validity for official use within the country. Here are the general steps to legalize a statutory declaration in the UAE:
- Notarization: Begin by drafting the statutory declaration and having it notarized by a licensed notary public in your home country. The notary public will verify your identity and witness your signature on the declaration.
- Apostille or Consular Legalization: Depending on your home country’s procedures, you may need to obtain an Apostille or consular legalization for the statutory declaration. The Apostille is typically used for countries that are parties to the Hague Apostille Convention, simplifying the legalization process. If your country is not part of the convention, you may need to visit the consulate or embassy of the UAE in your home country to have the document legalized. This step is essential for international recognition of your statutory declaration.
- Ministry of Foreign Affairs (MOFA) in UAE: Once the statutory declaration has been notarized and legalized in your home country, submit the document to the UAE Ministry of Foreign Affairs. This can usually be done at the ministry’s office in the emirate where you plan to use the document.
- Translation (if necessary): If your statutory declaration is in a language other than Arabic, it may need to be translated into Arabic by an accredited translation service in the UAE. This translation is often required for official documents.
- Final Attestation: After the Ministry of Foreign Affairs in the UAE verifies the document’s authenticity, they will affix their stamp or seal to it, officially attesting to its legitimacy.
- Use of the Document: Once the statutory declaration has been fully legalized, you can use it for its intended purpose in the UAE, whether it’s for immigration, employment, or any other legal matter.
How Private Notary Dubai Can Help
Making a statutory declaration is a serious matter, and you should not make one unless you are sure that the facts stated in it are true and correct. If you make a false or misleading declaration, you may face legal action, such as prosecution, imprisonment, or fines. You should always consult a lawyer or a notary public before you make a statutory declaration, to ensure that you comply with the relevant laws and regulations.
Lawyers at Notary Public Dubai offer comprehensive assistance with statutory declarations of relationships in the UAE, handling both the precise drafting of documents in accordance with UAE regulations and overseeing the notarization process to ensure the declarations are accurately prepared, signed, witnessed, and validated by a certified notary public, thus ensuring their legal authenticity and compliance with all necessary requirements. For more information or to initiate assistance with your statutory declaration in the UAE, please don’t hesitate to contact us today.
Disclaimer: The process to make statutory declaration in the UAE as mentioned in the article may vary depending on the specific purpose and requirements of the statutory declaration, and the laws and regulations of the UAE and your home country. Therefore, it is advisable to consult a legal professional before making or using a statutory declaration in the UAE.