How to Get a Statutory Declaration Witnessed

If you need to get a statutory declaration witnessed in Ireland, this guide walks you through the entire process — from drafting the declaration to finding the right witness to completing the formalities.

What Is a Statutory Declaration?

A statutory declaration is a formal written statement of fact made under the Statutory Declarations Act 1938. It is signed by the declarant and witnessed by an authorised person. Making a false statutory declaration is a criminal offence that can result in prosecution for perjury under the Criminal Justice (Perjury and Related Offences) Act 2021.

Statutory declarations are used for a wide range of purposes including name changes, passport applications, property transactions, insurance claims, company filings, and many other administrative and legal purposes.

Who Can Witness a Statutory Declaration?

Under Irish law, a statutory declaration can be witnessed by:

• A practising solicitor — most solicitors are also Commissioners for Oaths
• A Commissioner for Oaths
• A Notary Public — essential if the declaration is for use abroad
• A Peace Commissioner

Important: Members of An Garda Síochána (police officers) are not authorised to witness statutory declarations. This is a common misconception.

If your statutory declaration is intended for use in another country, you should have it witnessed by a Notary Public so that it carries international recognition and can be apostilled if necessary.

Step-by-Step Guide

Step 1: Draft the Declaration

The statutory declaration must be in the correct legal format prescribed by the Statutory Declarations Act 1938. It begins with "I, [full name], of [address], do solemnly and sincerely declare that..." and ends with the prescribed closing clause referencing the Act. Each fact should be stated clearly in numbered paragraphs. If you are unsure of the correct format, a solicitor or Notary Public can assist with drafting.

Step 2: Gather Your Documents

Bring to your appointment:

• The drafted declaration (unsigned — you must sign it in front of the witness)
• Valid photo identification (passport or driving licence)
• Proof of address (utility bill or bank statement dated within 3 months)
• Any supporting documents referenced in the declaration

Step 3: Attend in Person

You must attend the witness in person. Statutory declarations cannot be made by post, email, or video call. The witness must see you, verify your identity, and observe you signing the document.

Step 4: Make the Declaration

In the presence of the authorised witness:

1. Your identity is verified
2. You confirm you have read and understand the declaration
3. You sign the declaration
4. You declare it to be true
5. The witness signs, dates, and stamps the document

Step 5: Use the Declaration

The witnessed declaration is now legally valid. Submit it to the relevant authority, court, or organisation. If it needs to be used abroad, your Notary Public can advise on whether an apostille is required.

Common Uses for Statutory Declarations

• Name changes — the most common method of changing your name in Ireland
• Passport applications — to explain discrepancies or confirm identity
• Property transactions — to confirm facts about ownership, boundaries, or planning
• Insurance claims — to confirm circumstances of loss or value of items
• Company filings — various CRO requirements
• Immigration applications — to confirm personal circumstances

Cost of Getting a Statutory Declaration Witnessed

Fees depend on who witnesses the declaration and whether it needs notarisation:

• Solicitor/Commissioner for Oaths (domestic use): Typically €10–€30
• Notary Public (international use): Typically €65–€100+ depending on complexity
• Peace Commissioner: Often free or a nominal charge

Frequently Asked Questions

How do I get a statutory declaration witnessed?

Prepare your declaration, bring valid photo ID, attend in person before an authorised witness (solicitor, Commissioner for Oaths, Notary Public, or Peace Commissioner), and sign in their presence.

How much does it cost?

Typically €10–€30 for domestic witnessing. Notarisation for international use costs €65–€100+.

Can I get a statutory declaration witnessed at a Garda station?

No. Gardaí are not authorised to witness statutory declarations. Use a solicitor, Notary Public, or Peace Commissioner.

Need a Statutory Declaration Witnessed in Cork?

Hugh Phelan is a Solicitor and Notary Public who can witness your statutory declaration for both domestic and international use. Contact Hugh Phelan’s office at 021-489-7134 or email info@phelansolicitors.com.