Commissioner of Oaths & Legal Document Witnessing

At your appointment, we will check the document and confirm what formal step is required. We will also check your identification and make sure you understand that you are making a formal statement.

You will then swear, affirm or declare the contents of the document as needed. Once the document has been signed correctly, the solicitor will complete the formal wording. This is often called the jurat or attestation. It records where and when the oath, affirmation or declaration was made.

In most cases, a Commissioner for Oaths does not check whether the contents of the document are true. The person signing remains responsible for the truth of the statement. Our role is to make sure the formal process is followed and that the document is completed in the correct way.

For many straightforward documents, the appointment is brief. If the document is incomplete or unclear, we will explain the issue before going further. If it needs legal advice, drafting or amendment, we will discuss the next sensible step with you.

If you have already been given a document to sign, we can check whether it appears to need a Commissioner for Oaths and guide you through the formal signing step.

This may apply where you have been asked to swear an affidavit, make a statutory declaration or sign a formal statement before a solicitor. The document may relate to a legal matter, property issue, probate matter, lost document or personal paperwork. You do not need to know the exact legal term before contacting us.

We will look at the signing section, explain what appears to be required and confirm whether you should wait before signing. If the document refers to exhibits or supporting papers, we will let you know whether they need to be brought with you and marked at the appointment.

If the document is ready to sign, we can administer the oath, affirmation or declaration and complete the solicitor’s wording. If it is not ready, we will explain why. For example, the document may need to be drafted, amended or reviewed before it can be signed.

Where the document appears to need a different process, such as notarial assistance or an apostille for use abroad, we will tell you before carrying out further work.

You do not need to know the exact legal category before you contact us. If you are unsure, bring or send the document to us and we can check the relevant wording.

An oath is a formal promise that the contents of a document are true. An affirmation is the non-religious alternative. A statutory declaration is a formal written statement confirming that something is true. An affidavit is a written statement of evidence, often used in legal proceedings.

Some documents also refer to exhibits. An exhibit is a supporting document mentioned in the statement. It may be a certificate, plan or copy document. If your document refers to exhibits, those papers may need to be marked by the solicitor at the same time.

The receiving organisation may reject a document if the wrong wording is used or the document is signed too early. Problems can also arise if exhibits are missing or the person witnessing the document is not authorised to do so.

Please bring the document you have been asked to sign. You should also bring any exhibits or supporting papers referred to in it.

If you have received written instructions about how the document must be signed, please bring those too. This helps us check what the receiving organisation has asked for.

You should bring photographic identification, such as a passport or driving licence. In some cases, we may also ask for proof of address.

Please do not sign the document before attending unless you have been specifically told to do so. Most documents must be signed in front of the solicitor. If you sign too early, you may need to prepare a fresh copy.

If you are unsure whether to sign in advance, contact us before your appointment. It is usually better to wait.

A solicitor in active practice can usually act as a Commissioner for Oaths in England and Wales.

A Commissioner for Oaths is commonly used for documents connected with matters in England and Wales. A Notary Public is often needed for documents intended for use overseas. Some overseas documents may also need an apostille or further legalisation before they will be accepted by a foreign authority.

This distinction can affect whether your document will be accepted. If you have been given instructions by an overseas authority, embassy, foreign lawyer or government department, please bring those instructions with you. We can then check what appears to be required.

If a Commissioner for Oaths appointment is not suitable, we will tell you. This helps you avoid completing the wrong process and having to start again.

Commissioner for Oaths fees are set by law. The usual statutory fee is £5 for taking an affidavit, declaration or affirmation. There is also a usual fee of £2 for each exhibit that needs to be marked.

This fee applies to the formal act of administering the oath, declaration or affirmation. It does not usually include drafting the document, advising on the contents or providing a wider legal service.

If you need us to do more than administer or witness the document, we will explain what extra work is needed. We will also confirm whether an additional charge will apply before we carry it out.

Mounteney Solicitors offers clear, approachable and professional legal support from local offices across Stockport and Cheshire.

We understand that many clients using this service are not looking for lengthy legal advice. You may simply need the right person to witness or administer a document properly. You may also want to know what to bring, where to sign and whether your document is ready.

Our role is to make the appointment straightforward while ensuring the formal requirements are dealt with correctly. We will explain the wording in plain English and guide you through the signing step.

Where a document raises a wider legal issue, we can also explain your options and help you understand what further support may be needed.