Family Law: How to…prepare an affidavit – Part 1: What is an Affidavit?

An affidavit is basically your sworn version of events. An affidavit sets out the facts and reasoning upon which you are making in your submission to the Court.

 Affidavits are commonly used in the following situations:

• In divorce:
  • Where a party’s name is now different from the name listed on the marriage certificate
  • Where parties have lived separated under one roof
  • Where there is a dispute over the divorce
  • Where substituted service is required
• In parenting and property:
  • Where parties have been unable to reach a negotiated settlement and are applying for interim orders with the Court
  • Where facts are disputed between the parties

 So, how do you prepare an affidavit?

 Well, it is likely that your lawyer will do most of the actual drafting to ensure the document complies with court requirements. However, your lawyer has not lived your life – all the information they put in an affidavit will need to come from you.

 Please see ‘How to…prepare an affidavit – Part 2: The process’ to have a look at the process of putting together an affidavit.

 If you have a family law matter, concerns about how to get a family law property settlement or 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.

More from the blog:

Family Law: Attending Court for the First Time

Family Law: Court is the avenue of last resort

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