Common Legal Documents and When You Need a Notary

What documents need a notary?

Many types of official documents require the witness and certification of a licensed individual. Contracts, wills, oaths, affidavits, powers of attorney, and statutory declarations are just some of the documents that require this extra level of attention. These types of documents need certification regardless of where in the world they will be valid. However, if you are certifying documents for domestic use, then a Justice of the Peace has the same ability to witness the signing of the document as a notary public.

When and why do you need a notary public for certain documents?

Perhaps your company does a significant amount of business overseas, or maybe you are dealing with legal issues in another country. Either way, you can expect to handle your fair share of documents that will need to be recognised or be legally valid overseas. Notarised documents may be required in some cases because the notary is responsible for verifying the identity, legal capacity and understanding of the signatory. By certifying a document, the notary helps reduce, and in some cases eliminate, questions of identity theft, mental incapacity, and duress.

When you are exclusively handling legal or business matters within Australia, you can work with either a public notary or a Justice of the Peace in most cases. If you have any foreign dealings, though, you'll likely want to consult a notary public. While JPs can witness documents for use inside Australia, their powers and privileges hold limited weight beyond national lines. A document witnessed and certified by a notary public, though, can be legally valid in other countries.

Common Documents Requiring Notarisation

1. Consent for Minors to Travel

When a minor travels without both parents or legal guardians, a notarised consent form may be required.

2. Affidavits

Affidavits are sworn written statements needed in various legal contexts—such as property disputes, family court proceedings, or declarations. An affidavit holds the same weight as if the declarant had spoken under oath in court.

3. Other Commonly Notarised Documents

While consent for minors to travel and affidavits are common, other documents that often require notarisation include:

• Powers of Attorney: Especially those intended for use abroad.
• Contracts for International Business Transactions: To validate authenticity for international parties.
• Academic Certificates and Qualifications: When submitting to institutions or employers overseas.
• Real Estate Documents: Particularly those involving overseas property transactions or legal actions.