Getting an Affidavit or Statutory Declaration Witnessed

07 Aug
Affidavit

Getting an Affidavit or Statutory Declaration Witnessed

Some important documents such as Affidavits and Statutory Declarations require the signature of the person making it to be witnessed by a Commissioner for Oaths or Practising Solicitor. Your own solicitor is prohibited by law from swearing your Affidavit or Statutory Declaration, so even if you have a solicitor already involved in your case they cannot witness your document. You must therefore go to a solicitor in another firm or an independent Commissioner for Oaths.

Affidavit

Conveniently located in Dublin City Centre, McSweeney Solicitors provide a hassle-free Commissioner for Oaths and solicitor service to witness your signature on an Affidavit or Statutory Declaration. Usually we can facilitate a same day service, but in order to avoid a possible wasted trip it is always best to call ahead to confirm.

Getting An Affidavit Sworn

Affidavits are common in all court proceedings and probate matters. An Affidavit is a sworn document that is generally used as evidence in court proceedings. An Affidavit will contain a statements of facts relevant to the person’s case. It is important to remember that the Solicitor or Commissioner for Oaths is not verifying the statements you have made or approving the content of the Affidavit; they are only ensuring that the necessary formalities are complied with. It is the person making the Affidavit’s responsibility to ensure they understand it and the contents are accurate.

In addition to general Affidavits other common types of Affidavits are: Affidavits of Means; Affidavits of Welfare; Affidavits of Verification; CA24 Inland Revenue Affidavits; Oath of Executor; etc.

Please click in this link to find out more about swearing an Affidavit

Getting A Statutory Declaration Witnessed

A Statutory Declaration, similar to an Affidavit, is an important legal document. Commonly Statutory Declarations are required for Naturalisation applications, property transactions, the Companies Registration Office (CRO), Passport Office, HSE Employment Declaration of Character, Local Authorities, Teaching Council, and other professional bodies.

 Passport Application Forms For Children

An application for a passport for anyone under the age of 18 requires the consent of all parents/guardians and this consent must be witnessed.The list of suitable witnesses can be found here. https://www.dfa.ie/passports-citizenship/top-passport-questions/how-to-get-your-application-witnessed/

If you are an unmarried mother or other sole legal guardian of a child you must sign a Sole Legal Guardian Affidavit and submit this with your child’s passport application form.

McSweeney Solicitors can witness your child’s passport application form and/or Sole Legal Guardian Affidavit.

Application For Naturalisation As An Irish Citizen

We also regularly get asked to witness the application form for Naturalisation (Form 8 – Irish Nationality and Citizenship Act 1958).

Fees

The fees that a Commissioner for Oaths/Solicitor can charge are laid down in law in the Rules of the Superior Courts (Fees Payable to Commissioners for Oaths) (SI 616 of 2003). The standard fee is €10 per signature on an Affidavit or Statutory Declaration. If there is an exhibit, for example a marriage certificate, attached to the document which also needs to be witnessed, there is an additional €2 charge per signature.

What Do I Need To Do?

  • You need to read the completed Affidavit or Statutory Declaration to ensure you are satisfied the contents are correct.
  • Call us to make an appointment
  • Bring suitable photographic identification (passport or driving licence)
  • Pay the fee

It’s as simple as that! Please feel free to call us if we can help you.

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