What Is the Difference Between an Affidavit and a Statutory Declaration in the UAE?

 An affidavit and a statutory declaration are both written legal statements used to confirm facts, but they differ in how they are made and the legal formalities involved. Understanding the distinction is important when preparing documents for use in the UAE, as different authorities may require one form of declaration over the other depending on the circumstances.

An affidavit is a written statement made under oath or affirmation. The person signing the affidavit, known as the declarant or affiant, swears that the information contained in the document is true to the best of their knowledge. Because an affidavit is made under oath, it is commonly used in court proceedings, legal disputes, property matters, family law cases, immigration applications, and various government procedures where verified evidence is required.

A statutory declaration, on the other hand, is a formal written statement that is declared to be true without necessarily being made under oath. It is generally used for administrative or regulatory purposes where an official declaration is required but an oath is not. The legal recognition of statutory declarations depends on the laws of the jurisdiction in which they are made and the authority requesting the document.

In the UAE, an affidavit is more commonly requested for legal proceedings and official matters that require a sworn declaration. Depending on the purpose of the document, the affidavit may need to be notarized by an authorized notary public to confirm the identity of the declarant and the authenticity of the signature. This additional step can enhance the credibility and acceptance of the affidavit before courts, government departments, banks, and other institutions.

Both an affidavit and a statutory declaration should contain accurate and complete information. They typically include the declarant's personal details, a clear statement of facts, the date of execution, and the declarant's signature. Supporting documents may also be attached where necessary to substantiate the statements made in the declaration.

If either document is intended for use outside the UAE, notarization, attestation, legalization, or certified translation may be required depending on the destination country's legal requirements. Individuals should always verify the specific documentation requirements with the receiving authority before preparing an affidavit or statutory declaration.

Because the legal effect of these documents varies depending on the purpose and jurisdiction, obtaining professional legal advice is often beneficial. A legal professional can determine whether an affidavit or another form of declaration is appropriate and ensure that the document complies with all applicable legal and procedural requirements.

In conclusion, while both documents are used to confirm facts, an affidavit is generally a sworn statement made under oath, whereas a statutory declaration is a formal declaration that may not involve an oath. Choosing the correct document and preparing it properly can help ensure that it is accepted by the relevant authority and serves its intended legal purpose.