Best Affidavits & Statutory Declarations Lawyers in Singapore

1. About Affidavits & Statutory Declarations Law in Singapore

In Singapore, affidavits and statutory declarations are formal written statements used to support court applications or government processes. An affidavit is a statement sworn on oath or affirmation before a person authorized to administer oaths. A statutory declaration is a declaration made by the person that the contents are true, without taking an oath, and witnessed by an authorized official.

The key distinction is the oath or affirmation attached to an affidavit. This difference affects evidentiary weight in many civil proceedings. Common witnesses include Commissioners for Oaths, Notaries Public, Justices of the Peace, or other officers appointed to administer oaths by the State.

For most Singaporeans, engaging a qualified lawyer to draft, review and witness affidavits or statutory declarations helps ensure compliance with court rules and government requirements. False statements can attract penalties under Singapore's Penal Code and related statutes, so accuracy matters greatly.

Recent practice directions from the Singapore Judiciary emphasise proper formatting, verification of facts, and the orderly filing of affidavits in civil matters. Practitioners should check the latest guidance when preparing documents for court or government agencies.

Practical takeaway: If your document will be used in court or submitted to a government agency, a legally trained professional can help you avoid common errors and ensure procedural compliance.

2. Why You May Need a Lawyer

Engaging a lawyer for affidavits and statutory declarations is often essential when accuracy, form, and procedure determine legal outcomes. Here are concrete Singapore-specific scenarios where legal help is typically required.

• Civil litigation evidence - A contractor sues a homeowner for unpaid work and needs an affidavit of accounts and claims to support the claim, while the defendant files a counter-affidavit. A lawyer ensures all financial documents are properly organized and that the affidavit meets court rules.
• Divorce and asset disclosure - In matrimonial proceedings, a party must disclose assets and liabilities via affidavits of means and property schedules. A solicitor helps avoid omissions that could affect division of assets or alimony claims.
• Probate and estate administration - The executor uses an affidavit of assets and liabilities to obtain probate or letters of administration. A lawyer ensures accurate estate details, valuations, and compliance with the Probate and Administration Act.
• Affidavits of service - In a civil suit, you may need an affidavit confirming that a defendant or witness was served with court papers. A legal professional verifies dates, addresses, and method of service to withstand scrutiny if challenged in court.
• Government or regulatory declarations - Some agencies require statutory declarations to verify identity, address, or status for licensing, work passes, or statutory records. A lawyer helps draft declarations that align with agency expectations and statutory requirements.
• Challenging or supporting claims with credibility - When factual disputes arise about events, timings, or documentary authenticity, a carefully drafted affidavit can be decisive. Legal review reduces risk of cross-examination vulnerabilities.

3. Local Laws Overview

Singapore regulates affidavits and statutory declarations primarily through three statutory frameworks. The following names are commonly cited in legal practice, with guidance on where to check for current text and amendments.

• Statutory Declarations Act (Cap 344) - Sets out how statutory declarations are made, who may witness them, and the penalties for false declarations. This Act governs declarations made outside formal court testimony, often used for evidentiary or administrative purposes. Practical implications include witnessing requirements and the form of declarations.
• Evidence Act (Cap 97) - Regulates the admissibility and weight of affidavits and other documentary evidence in court. It addresses issues such as authentication, relevance, and the manner in which affidavits are treated within civil proceedings.
• Oaths and Declarations Act (officially used to govern oaths, affirmations and declarations) - Provides the framework for administering oaths and declarations and designates who can witness or take oaths for affidavits and related documents. This acts as the foundation for the formal witnessing process in Singapore.

Effective dates and amendments to these laws are maintained in the Singapore Statutes Online database and the official government portals. For precise provisions, consult the current consolidated text on official sites such as the Attorney-General’s Chambers and the Judiciary.

“Affidavits remain a central, court-friendly form of evidence in civil proceedings, subject to proper form and verification.”

“Statutory declarations provide a sworn or declared statement of truth for administrative or non-testimonial purposes.”

For up-to-date information, refer to official resources: - Singapore Statutes Online: Statutory Declarations Act and Evidence Act entries - Judiciary of Singapore: Practice Directions and court procedures related to affidavits

4. Frequently Asked Questions

What is an affidavit in Singapore's legal system?

An affidavit is a written statement of fact sworn on oath or affirmed before a person authorized to administer oaths. It becomes evidence in court if properly drafted and timely filed. The facts stated must be true to the best of the affiant’s knowledge.

What is a statutory declaration and when is it used?

A statutory declaration is a written statement declared to be true without taking an oath, witnessed by an authorized person. It is commonly used for administrative purposes, identity verification, or non-contentious matters where a formal oath is not required.

How do I start an affidavit for a court filing in Singapore?

Gather all factual information, draft a clear narrative with exhibits, and identify potential opposing facts. Then consult a lawyer or a Commissioner for Oaths to draft and witness the document before filing with the court.

Do I need a lawyer to draft or witness an affidavit?

While you can draft and witness some affidavits yourself, complex or high-stakes matters benefit from legal drafting and professional witnessing to ensure compliance with court rules and avoid defects.

How much does it cost to have an affidavit witnessed by a Commissioner for Oaths?

Witnessing fees vary by service provider, typically from SGD 20 to 60 per oath. If a lawyer drafts the affidavit, additional professional fees apply for drafting and review.

How long does it take to prepare, witness and file an affidavit?

Drafting may take 1-2 business days after you provide facts. Witnessing is usually same day. Filing with the court depends on the court’s schedule, often 1-3 additional days.

What is an affidavit of service?

An affidavit of service records how, when, and where legal papers were served on a party. It helps prove service in case of disputes about whether someone received notice.

What is the difference between an affidavit and a statutory declaration?

An affidavit is sworn under oath or affirmation; a statutory declaration does not require an oath but is declared to be true before a witness. Both can be used for evidence or administrative purposes, depending on the context.

How long is an affidavit valid for use in court in Singapore?

There is no universal expiration; the document remains valid if facts are accurate and timely, and if the court accepts it as part of the evidence. Some cases require updated affidavits if facts change.

Where can I find a Commissioner for Oaths in Singapore?

Commissioners for Oaths can be lawyers or public officers authorized by the state. Many law firms and some government departments offer oath witnessing services.

Can I submit an affidavit electronically or via video oath?

Electronic submissions are becoming more common in practice directions, especially during pandemic-era adaptations. You should verify with the relevant court or agency whether electronic oaths or video witnessing are acceptable for your case.

What are the consequences of making a false declaration in an affidavit?

False declarations can amount to perjury or an offence under the Statutory Declarations Act. Penalties may include fines and imprisonment depending on the nature and severity of the false statement.

5. Additional Resources

• Judiciary of Singapore - Official information on court procedures, affidavits, and declarations. https://www.judiciary.gov.sg
• Attorney-General's Chambers - Authoritative guidance on statutory declarations, evidence, and related matters. https://www.agc.gov.sg
• Ministry of Law - Policy context and regulatory framework for legal documents and declarations. https://www.mlaw.gov.sg

6. Next Steps

1. Define your objective - Identify whether you need to prove facts in court, respond to a claim, or satisfy an agency requirement. Set a clear timeline.
2. Gather documents and facts - Collect contracts, receipts, notices, and correspondence that support the facts you will declare or swear.
3. Decide on drafting and witnessing - Determine if you will draft the affidavit yourself or engage a lawyer to draft and oversee witnessing.
4. Choose a qualified professional - If in doubt, hire a Singapore-licensed lawyer with experience in affidavits, or a Commissioner for Oaths for witnessing only.
5. Draft and review the document - Have your lawyer draft the affidavit or statutory declaration to ensure compliance with the Evidence Act and court rules.
6. Arrange witnessing - Schedule a witnessing session with a Commissioner for Oaths or other authorized official and ensure proper signatures and dates.
7. File and track deadlines - Submit the sworn or declared document to the appropriate court or agency and monitor for any amendments or additional requirements.