Step-by-Step: Making a Statutory Declaration in Cork

A statutory declaration is a formal written statement of fact that you sign and declare to be true in the presence of a person authorised to administer oaths — such as a Notary Public, Solicitor, Commissioner for Oaths, or Peace Commissioner. It carries legal weight and making a false statutory declaration is a criminal offence. This guide explains exactly how to make one in Cork.

What Is a Statutory Declaration?

A statutory declaration is a written statement that the declarant (the person making it) signs and solemnly declares to be true. Unlike an affidavit, which is sworn on oath, a statutory declaration is made by solemn declaration under the Statutory Declarations Act 1938. However, both carry the same legal consequences if the contents are false — it is an offence to make a false statutory declaration.

Statutory declarations are used in a wide variety of situations:

• Confirming identity or change of name
• Declaring facts for insurance claims
• Supporting property transactions
• Confirming relationship status for immigration purposes
• Declaring facts for foreign government authorities
• Business and company matters

Step 1: Determine Whether You Need a Statutory Declaration

Sometimes a simple affidavit, sworn statement, or even a letter will suffice. The requesting party should specify. If the document is for use abroad, check whether it needs to be notarised (by a Notary Public) as well as declared. For international use, notarisation and apostille are typically required in addition to the declaration itself.

Step 2: Draft the Statutory Declaration

The declaration should:

• State your full name, address, and occupation
• Set out the facts you are declaring, clearly and in numbered paragraphs
• Include the standard declaration wording: “I [name] do solemnly and sincerely declare that...”
• End with: “And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938”

If you are unsure about the wording, Hugh Phelan can assist with drafting at your appointment.

Step 3: Book Your Appointment

Let the office know whether the declaration is for domestic or international use, as this affects whether notarisation is also needed. Hugh Phelan’s office is at East Douglas Street, Douglas, Cork.

Step 4: Attend Your Appointment

At the appointment:

1. Hugh Phelan verifies your identity
2. He reviews the declaration to ensure it is properly drafted
3. He confirms you understand the contents and the legal consequences of making a false declaration
4. You sign the declaration in his presence
5. He witnesses your signature and applies his seal (if notarising for international use)

Important: Do not sign the declaration before your appointment. It must be signed in the presence of the administering official.

Step 5: After the Declaration

For domestic use (Irish courts, solicitors, insurance companies), the signed and witnessed declaration is usually sufficient as is. For international use, you will typically need:

• Notarisation by a Notary Public (Hugh Phelan can do this at the same appointment)
• An apostille from the Department of Foreign Affairs (for Hague Convention countries)
• Embassy legalisation (for non-Hague countries)

Cost and Timeline

A statutory declaration witnessed by a Commissioner for Oaths or Solicitor typically costs from €15 to €30 for domestic use. If notarisation is also required (for international use), notarial fees apply — typically from €80 upwards. Contact Hugh Phelan’s office for a specific quote. The appointment itself usually takes 15–20 minutes.

Frequently Asked Questions