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Family Law calendar    Dec 07, 2016

Family Law: How to…prepare an affidavit – Part 2: The process

An Affidavit is your sworn version of events. This ‘how to’ will give you some insight into the process of getting together an affidavit.

An Affidavit is your sworn version of events. Even if your solicitor is drafting the affidavit with you, this ‘how to’ will give you some insight into the process of preparing an affidavit.

 If you are unsure about what an affidavit is and what it is used for check out ‘How to…prepare an affidavit – Part 1: What is an Affidavit?’.

 Step 1: DRAFT. Sit down and write a chronological timeline of events and information which needs to be included in your affidavit to make your point. Some headings you might consider include (but are not limited to) the following; your personal history, the background to the relationship, a chronology of relationship, whether any orders are currently in place, the circumstances surrounding those orders, what you are seeking by making an Application to the Court and how those orders fulfil the relevant legislation.

 Step 2: EVIDENCE! After all, an affidavit is simply your version of events. Evidence substantiates your claims. As such, go through your chronology and, wherever possible, find evidence to back up your claims. Once you present it to your lawyer, they will be able to tell you which pieces of evidence are admissible. Note that in certain property matters, you must also submit a sworn financial statement which provides most of the evidence to support your claim.

 Step 3: COLLATE. Your lawyers will be forever thankful if the information and evidence you provide is well organised. While they may suggest some changes, it will save you money if your lawyers can review your affidavit information quickly, discuss any problems and draft it efficiently.

 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.

 Contact The Family Law Team For A  Free First Conference

 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: An Affidavit is your sworn version of events

Family Law: Court is the avenue of last resort

how to, family law property settlement, family law and parenting, divorce, family law property settlement in NSW

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