What is an affidavit?
In short, an affidavit is a written statement which sets out your version of events in relation to a particular situation.
When submitting an affidavit to the court, you must swear that the facts within it are true.
An affidavit should also set out the evidence you have which either proves your version of events or disproves the facts set forth by the other side in your matter.
Your affidavit should include all the relevant information to your case. There is no particular length or limit placed on an affidavit. When deciding what to include, remember that the Court will use the facts and evidence you provide (in conjunction with the facts and evidence provided by the other side) to reach a decision. Considering this, it is important that your affidavit is comprehensive!
When do I need to file an affidavit?
An affidavit must be filed alongside an application, a response or if the court requests it.
Affidavits are one of the most important documents filed in a family law matter. They are also very difficult to compile. As such, we strongly advise that you seek the assistance of a lawyer when drafting your affidavit.
If you have a family law matter, concerns about your finances in light of a family law property settlement questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
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