Notary Public Services – Affidavits and Declarations
Notary to witness affidavits and declarations
As a notary public, we assist clients who must swear or affirm affidavits and declarations in Australia for use in other countries. The affidavits or declarations may be needed for court proceedings, finance applications and loan documents, employment or qualification recognition, or relate to various government documents and forms.
Usually, your lawyer should be able to prepare the affidavit or statutory declaration, in the form and format appropriate for its intended use, and send it to you to sign in Australia. In fact, there is no reason why they cannot do this, especially with the ease of email and other electronic means of sharing documents, otherwise they can always just arrange for the relevant documents to be sent to you (which is often necessary especially if the affidavit or declaration must be printed on special paper not readily available in Australia).
Writing your own affidavit or declaration
We do not recommend writing your own affidavit or declaration, especially if you are not familiar with the laws in the intended destination country. You should always have your lawyer prepare it for you. However, if your lawyer cannot provide you with the actual document and you must write it yourself, then you should check whether the intended destination country or the intended recipient has any formal requirements as to the form and nature of the affidavit or declaration. You might be able to find various guidelines or checklists on the internet as to how the affidavit or statutory declaration must be signed and sworn, but it is still better to obtain this information and guidance from your lawyer in the intended destination country. Please complete these simple enquiries before you seek our assistance with notarisation or any other service to avoid any unnecessary cost or delays associated with ‘getting it wrong’ the first time.
Remember, the laws of different countries are different, so you need to be sure that any document that you sign in Australia will be recognised in the intended destination country. Even if it is legally valid in Australia, it does not mean it will be legally valid in another country. If your lawyer in the intended destination country cannot provide you with the actual document, a template, or the form and format of what the affidavit or declaration should contain or look like, then at least obtain the most appropriate wording or text that will give the document the best chance of being accepted in the intended destination country and be legally valid according to their laws.
Do you have any questions regarding this article?
Whether you're notarising a document for the first time or the hundreth time, the requirements, processes, and terms can be confusing and daunting - or just a pain and a hassle (especially if you need an apostille, or to authenticate or legalise as well). Don't worry! We're here to simplify it, explain it, and help you with what you need to achieve it.
Contact us or visit our Frequently Asked Questions for more information about our notary public services. We've also created a flowchart to help explain notarisation, apostille, authentication and legalisation.
So, what's next?
Why choose Phang Legal for your notary public services?
We're a leading provider of notary public services in Sydney known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice. With our offices conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area, we help clients from across Sydney and beyond with personal, professional and timely notary public services.
This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.
Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.