Affidavits are a crucial part of the family law process. You may need clear evidence, proper documents, and a witness to complete the whole process. An example of affidavit for divorce Australia may come in handy. Ensure that the statements in the affidavit are worded correctly to avoid delays or rejections by the Federal Circuit and Family Court of Australia.
Here’s an overview of how to draft an affidavit for divorce so that you can pursue your legal proceeding correctly.
Key takeaways
What is an affidavit?
An affidavit is a legal document with complete details like full name, consent, respondent details, and signature used to submit a statement of factual and correct evidence to any judicial body, from a magistrate’s court to the Supreme Court. The applicant swears that the information contained in an affidavit is true. For example, a party may submit an affidavit to explain the circumstances surrounding a ‘separation under one roof‘ arrangement. The person making the submission is called the deponent.
Professional family law assistance
There are strict guidelines regarding how affidavits must be set out. You’re permitted to prepare your own affidavit. However, it is strongly recommended to seek professional legal advice when drafting an example affidavit for divorce in Australia. Incorrectly formed affidavits may cost you time and money and even risk your case.
There are a number of ways you can receive expert advice to get an example of affidavit for divorce Australia.
Legal Aid. The Legal Aid Queensland website has information relating to affidavits. You can also contact their legal information line by calling 1300 65 11 88.
Community Centre. The Sunshine Coast Legal Centre can provide professional advice and referrals to family law firms, including assistance with affidavits for divorce in Australia.
Private law firm. A law firm can assist you with the drafting of an affidavit for divorce in Australia during the course of a case. A family lawyer can develop an in-depth understanding of your case and ensure the affidavit meets your specific needs.
How Shanahan Family Law can help
Danielle is very understanding and shows great insight in analysing the situation and cutting to the heart of the matter.
-Chris
Our team takes the time to fully understand your needs and assist in preparing an example of affidavit for divorce Australia. This ensures that we can accurately set out the personal details of your case in your affidavit for divorce.
Preparing an affidavit form
There are several factors you should keep in mind when drafting an affidavit for divorce in Australia.
Stick to the facts. The Federal Circuit and Family Court of Australia isn’t interested in your opinions. It only wants to know the facts of the matter that your affidavit for divorce refers to.
Be comprehensive. List all the facts relevant to the matter in chronological order. Leaving out details may negatively impact your case.
Use headings and paragraphs. Use headings to group information in a logical way. Each paragraph should deal with a single point of fact. Number every paragraph sequentially.
Format correctly. Use 12-point font with 1.5 line spacing. Print on one side of the page and ensure each page is numbered.
Third-party affidavits. Affidavits from a third party, such as a family member, should stick to relevant facts that they personally know. The person must be over 18 years of age.
Attaching documents for application for divorce
You may refer to a document in your affidavit, such as your marriage certificate or a child support agreement. A copy of the document should be attached to the back of the affidavit as an annexure. Each annexure should be labelled with a reference number or letter. Make sure that all the attached details are correct and signed.
Example of affidavit for divorce Australia
All annexures must have a statement affirming that the annexure is the document referred to in the affidavit. This statement is as follows:
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].
A justice of the peace or a lawyer may act as an authorised person. The authorised person must also witness the deponent’s signature at the bottom of each page of the affidavit.
eFiling application
The affidavit must be included with the divorce application when it’s filed online through the eFiling application to the relevant court division within the Federal Circuit and Family Court of Australia. The affidavit will be considered along with the application by a judge or judicial officer. If the eFiling application fails to meet any legal requirements or documentation, the Federal Circuit and Family Court of Australia may direct the applicant to resubmit the application once the corrections in the affidavit have been made.
Conclusion
Understanding the proper way to prepare the affidavit and taking note that you need to complete the necessary documents, evidence, and sworn and signed statements are crucial to ensure your case progresses without unnecessary delays. Affidavits for divorce are common in family law proceedings.
With the right legal advice and the cooperation of the person making the affidavit, the process of completing all required documentation, such as the signed and sworn statement, can be properly organised in a timely manner. This includes ensuring all relevant details are set out clearly on each page, in accordance with legal rules and procedures.
The presence of the applicant may be required at a hearing, especially if claims are disputed. All documents must comply with the relevant law, be served correctly under the Family Law Act, and reflect the circumstances of the separation. Proper arrangements should be made to support the proceedings, meet legal duties, and satisfy service requirements.
If you need a person to assist with a family law matter, contact us today.
