Affidavits are a fundamental part of family law proceedings in Australia, and understanding a clear example of affidavit for divorce Australia can help you prepare your own documentation correctly.
They allow you to present factual evidence to the Federal Circuit and Family Court of Australia or any relevant court, supporting your divorce application. Ensuring your affidavit is drafted and formatted correctly is essential to avoid delays, rejections, or requests for resubmission by a judicial officer.
Below, you’ll find a detailed, step-by-step guide to preparing your own affidavit for divorce, including a practical template, legal requirements, and best practices. If you’re seeking further support, our divorce lawyers on the Sunshine Coast are available for personalised advice.
Key takeaways
- An affidavit is a legal document setting out facts in support of family law proceedings, affirmed to be true by the deponent.
- Affidavits must comply with strict content and formatting guidelines under the Family Law Act and Federal Circuit and Family Court rules.
- All annexed documents, such as your marriage certificate, must be labelled, signed, and witnessed by an authorised person (e.g., Justice of the Peace or lawyer).
- The affidavit must be filed with your divorce application via the Commonwealth Courts Portal (eFiling application).
- Professional legal advice is recommended to ensure your affidavit meets all legal requirements and supports your case.
What is an affidavit?
An affidavit is a sworn or affirmed written statement used as evidence in family court. The person making the affidavit (the deponent) must state the facts truthfully and sign each page in the presence of an authorised person. For example, if you are living under the same roof during separation, your affidavit must detail the nature of your living arrangements, financial separation, and other relevant facts.
Preparing an Affidavit Form for Divorce
When preparing your affidavit for divorce in Australia, follow these steps to ensure compliance:
Stick to the facts: Only include factual information relevant to your case—opinions and hearsay are not permitted.
Be comprehensive: List all the facts in chronological order. Omitting key details can negatively impact your proceedings.
Use headings and paragraphs: Group related information, and number each paragraph sequentially. Each paragraph should address a single point.
Format correctly: Use size 12 font, 1.5 line spacing, print on one side of the page, and number each page.
Third-party affidavits: If a family member or another party provides an affidavit, they must stick to facts they personally know and be over 18 years old.
Signatures: The deponent must sign the bottom of each page in the presence of an authorised person.
Attaching Documents to Your Divorce Application
Supporting documents (e.g., marriage certificate, child support agreements) referenced in your affidavit must be attached as annexures. Each annexure should be:
Labelled with a reference letter or number (e.g., “Annexure A”).
Accompanied by a statement:
“This is the document referred to as Annexure [insert reference number] in the affidavit of [insert deponent’s name], sworn/affirmed at [insert place] on [insert date] before me, [authorised person’s signature], [name and qualification].”Signed and witnessed by an authorised person.
Divorce Affidavit Example for Australia
Federal Circuit and Family Court of Australia Affidavit
Filed on behalf of: [Applicant’s full name]
Date: [DD/MM/YYYY]
I, [Full legal name], of [Residential address], [Occupation], SAY ON OATH/AFFIRM:
I am the Applicant in this matter.
I was married to [Respondent’s full name] on [DD/MM/YYYY] at [Location of marriage].
A copy of our marriage certificate is annexed and marked “A”.
We separated on [DD/MM/YYYY] and have lived separately and apart since that date.
There is no reasonable likelihood of resuming cohabitation.
[Include further details as required for your case, such as arrangements for children, financial separation, or evidence of living under one roof during separation.]
Legal Requirements and Recent Changes
As of 10 June 2025, couples married for less than two years no longer require a counselling certificate to file for divorce in Australia.
Your affidavit must declare that the facts are true to the best of your knowledge, in accordance with Rule 6.01 of the Family Law Rules.
If you are seeking specific orders, your affidavit should support those orders clearly.
eFiling Application Process
The affidavit must be included with your divorce application when filed online via the Commonwealth Courts Portal. The Court will review your affidavit and supporting documents. If any legal requirements are not met, the Court may direct you to correct and resubmit your application. Following a proven example of affidavit for divorce Australia helps avoid these delays.
Conclusion
Drafting an affidavit for divorce in Australia requires careful attention to detail and strict compliance with legal requirements, which is why reviewing an example of affidavit for divorce Australia before you begin is highly recommended. If you need expert assistance, our experienced family law team can help you prepare an affidavit that supports your case and meets all court guidelines. You might also find value in exploring family law podcasts that offer additional insights and support as you navigate the divorce process.
If you need a person to assist with a family law matter, contact us today.
