If a bank, court, government department, employer, embassy or solicitor has asked you to swear, declare or have notarised a document and you’re not sure which is which, this guide is for you. We use these documents every working day at Online Legal Services, and the cost of getting it wrong is usually a wasted week and a re-do. So let’s make sure you order the right one the first time.
The 30-second decision tree
Where will the document actually be used?
- In an Irish court (family law, probate, judicial review, debt) → Affidavit sworn before a solicitor / Commissioner for Oaths.
- An Irish bank, Revenue, Government department, Passport Office or registry → Statutory Declaration made under the Statutory Declarations Act 1938.
- Outside Ireland (foreign property, foreign court, foreign company filings, marriage abroad, embassy submission, apostille required) → Notary Public with apostille from the Department of Foreign Affairs in Dublin.
Affidavit — sworn evidence for an Irish court
An affidavit is a written statement of fact that you swear (or affirm) to be true. It is signed in front of a Commissioner for Oaths, a practising Irish solicitor, or a Notary Public, who confirms your identity and witnesses your oath or affirmation. Affidavits are the standard way of putting evidence before an Irish court — for example, in a family-law motion, a probate application, a judicial review, or an interlocutory application.
An affidavit is sworn under penalty of perjury. If a fact is later shown to be untrue, the consequences can include criminal liability and the document being struck out of the proceedings. That sounds heavy, but in practice it just means we’ll take you carefully through the document at intake and again on the commissioning call so you know exactly what you are confirming.
Since the Civil Law (Miscellaneous Provisions) Act 2020 came into force, many affidavits in Ireland can be commissioned by video link rather than in person — which is how we run almost all of ours. The signed and stamped PDF can be filed in court the same way a wet-ink original would.
Statutory Declaration — for everywhere outside court (in Ireland)
A statutory declaration is broadly the same idea — a sworn written statement of fact — but used outside Irish court proceedings. It is governed by the Statutory Declarations Act 1938 and is the standard tool for confirming facts to non-court bodies in Ireland.
Typical situations where a statutory declaration is the right document:
- Confirming identity to an Irish bank or credit union (account opening, transfer, lost passbook)
- Declaring a name change or correcting spelling on a Government record
- Supporting an Irish passport application (lost passport, parental consent, name discrepancy)
- Civil status declarations to the General Register Office
- Supporting an Irish citizenship or residency application
- Lost or destroyed share certificates, deeds, or vehicle documents
- Solvency declarations under the Companies Act 2014
- Insurance claims requiring a declaration of facts
Statutory declarations can be made before a solicitor, Commissioner for Oaths, Peace Commissioner or Notary Public. Like affidavits, they are commissioned by video link in the great majority of our matters.
Notary Public — when the document leaves Ireland
A Notary Public is a senior legal officer appointed by the Chief Justice on the recommendation of the Faculty of Notaries Public in Ireland. Notarisation is the formal step that allows an Irish document to be relied on by a foreign authority. The Notary witnesses your signature, applies an official seal and signature, attaches a notarial certificate and makes a register entry — creating a record any overseas authority can verify.
Notarisation is almost always paired with an apostille — a certificate issued by the Department of Foreign Affairs and Trade in Dublin under the 1961 Hague Convention, confirming that the Notary’s signature and seal are genuine. Most Hague Convention countries will accept an apostilled Irish notarial document. Non-Hague countries usually require additional consular legalisation by their own embassy.
You typically need a Notary Public when:
- You are buying or selling property abroad (Spain, Portugal, France, the United States, etc.)
- You are giving a power of attorney to someone in another country
- You are filing in a foreign court (witness statement, foreign affidavit, foreign divorce)
- You are filing corporate documents in another jurisdiction (resolutions, registers, share transfers)
- You are getting married abroad and the foreign authority wants a declaration of single status
- You are submitting documents to a foreign embassy for visa or immigration purposes
At Online Legal Services, our team includes a registered Irish Notary Public — so you can order notarisation directly through us, with online intake and tracked courier collection and return. If apostille is needed too, we lodge with the Department of Foreign Affairs in Dublin on your behalf and return the apostilled set together with the notarial originals. Pricing is fixed at €195 + VAT per document.
Side-by-side comparison
| Affidavit | Statutory Declaration | Notary Public | |
|---|---|---|---|
| Where used | Irish court proceedings | Anywhere in Ireland outside court | Outside Ireland (apostille often added) |
| Sworn / made before | Solicitor / Commissioner for Oaths | Solicitor / Commissioner for Oaths / Peace Commissioner | Notary Public |
| Governing source | Rules of court / Oaths Act 1888 | Statutory Declarations Act 1938 | Faculty of Notaries Public in Ireland |
| Typical turnaround | 24 hours (urgent: 2–4 hrs) | 24 hours (urgent: 2–4 hrs) | 1–3 working days (apostille adds 5–10) |
| Process | Online intake + remote video commissioning | Online intake + remote video commissioning | Online intake + courier collection & return of sealed originals |
| Fixed fee with us | ✅ €150 + VAT — order | ✅ €150 + VAT — order | ✅ €195 + VAT — order |
Practical scenarios
“My bank wants me to declare I’m the same person as on an old account.”
That’s a statutory declaration — used outside court, made under the 1938 Act. We draft and commission it remotely for €150 + VAT. Order here.
“My solicitor in family-law proceedings asked me to swear an affidavit of means.”
That’s an affidavit — sworn evidence for the court. Same product, same fixed fee of €150 + VAT. We draft the structure, you fill in the figures, we commission by video the same day. Start here.
“I’m buying a house in Spain and the Spanish notary wants my Irish power of attorney notarised and apostilled.”
That’s a Notary Public matter. We draft the power of attorney to the Spanish notary’s instructions, our Notary notarises it, we lodge with the Department of Foreign Affairs in Dublin for the apostille, and the apostilled originals are couriered back to you. €195 + VAT for the notarisation, plus the DFA fee at cost. Order here.
“I’m getting married in Italy and the registrar wants a declaration of single status, in Italian, with apostille.”
That’s a Notary Public matter — start at Notary Public Service Ireland. We can also arrange a sworn translation if Italian is required.
How to order — step by step
- Identify the receiving authority. Read the letter, email or form you’ve been given — note who is asking, what country they are in, and any specific wording they want.
- Apply the decision tree above. If the document stays in Ireland → Affidavit / Statutory Declaration. If it goes overseas → Notary Public Service.
- Order online and complete intake. Pay the fixed fee, fill in the secure intake form, upload the receiving authority’s instructions and your photo ID.
- Attend the video call (Affidavit/Stat Dec) or hand over to courier (Notary). Affidavits and statutory declarations are signed and witnessed on a 10–15 minute video call. Notary matters are handled by tracked courier — we collect, notarise, and return the sealed originals.
- Use the document. The signed PDF (Affidavit/Stat Dec) or sealed originals (Notary) are returned to you, ready to file with the receiving authority.
Frequently asked questions
If I’m not sure whether I need an affidavit, statutory declaration or notarisation, can you tell me?
Yes — that’s the most common question we get. Send us the letter or form you’ve been given and we’ll confirm which document is needed before you commit to a fixed fee. You can also book a 15-minute legal consultation if you’d rather speak to a solicitor first.
Can a Commissioner for Oaths do everything a Notary Public can?
No. A Commissioner for Oaths can witness affidavits and statutory declarations for use in Ireland. Only a Notary Public can apply a notarial seal that foreign authorities will accept (and that the Department of Foreign Affairs in Dublin will apostille). Different roles, different scopes.
Are remote-video affidavits really accepted by the Irish courts?
Yes — the Civil Law (Miscellaneous Provisions) Act 2020 introduced a permanent framework for remote witnessing of sworn documents, and Practice Directions across the courts confirm it. We follow the prescribed process (photo ID verification, page-by-page walk-through, dated commissioning) and the signed PDF is filed exactly the same way as a wet-ink original.
How much does the Department of Foreign Affairs charge for an apostille?
The DFA fee is currently €40 per document and turnaround is typically 5–10 working days for postal applications. We pass the DFA fee through at cost and add a small handling fee for lodging and returning the apostilled set.
Can I have one document both notarised and used in Ireland?
Sometimes — for example a power of attorney being used both at home and abroad. We’ll draft a version that works for both purposes, notarise it for foreign use, and the same document can be relied on in Ireland by virtue of the Notary’s role. Tell us at intake.
What ID do I need for any of these?
One government-issued photo ID — typically a current Irish or EU passport, or an Irish driving licence — and one recent address proof for notary matters (utility bill, bank statement, less than three months old).
Ready to order?
Whichever document you need, the path is the same: order online, complete a short secure intake, and let an Irish-qualified solicitor (or our registered Irish Notary Public) take it from there. If you’re still not sure which way to go, send the form or letter that prompted the question to support@onlinelegalservices.ie and we’ll point you at the right product before you commit.