Using Affidavits and Statutory Declarations Overseas

Affidavits and statutory declarations are common legal documents used in Australia and overseas. These documents are used in court proceedings, finance applications including loans, certification of tertiary qualifications, evidence of current and past employment and dealing with Government authorities such as a taxation office.

To ensure that statutory declarations and affidavits are legally recognised overseas, these documents will need to be signed in front of a Notary Public. Before requesting an appointment, it is a good idea to check whether there are any formal requirements in relation to the signing and swearing/affirming of an affidavit or statutory declaration in the country of intended use. This may involve seeking instructions or guidelines from your overseas solicitor. If you are unable to obtain sufficient information from your solicitor, you may like request to receive wording or text that should be used in the document. By including the appropriate wording in your document, you can help ensure that it will be legally accepted in the country where it is to be used.

Taking the time to make sure that the correct process is followed when legalising your statutory declaration or affidavit can save time, money and hardship. Just remember, while a document may be legally valid in Australia, different processes may need to be followed for the same to apply in another country.

 

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