What is an Affidavit?
An affidavit is a sworn written statement of evidence. It's the main way you present your case to the court in family law matters.
Structure
Formal Parts
1. Heading - Court, case number, parties 2. Introduction - Your name, address, occupation 3. Body - Numbered paragraphs with your evidence 4. Signature and Jurat - Your signature, witnessed by authorised person
Content Structure
Organise logically:
Writing Tips
Use First Person
*"I saw..."*, *"I believe..."*, *"On 15 March 2024, I..."*
Be Specific
Bad: *"He was often late picking up the children."*
Good: *"On five occasions between January and March 2024 (specifically 15 Jan, 28 Jan, 10 Feb, 22 Feb, and 5 Mar), the Respondent was more than 30 minutes late for changeover."*
Stick to Facts
- State what you saw, heard, or did
Number Paragraphs
Every paragraph should be numbered for easy reference.
Attach Documents
Refer to supporting documents as "Annexure A", "Annexure B" etc.
What to Include
For Parenting Matters
- Relationship background
For Property Matters
- Relationship timeline
Common Mistakes
Being Too Long
Courts prefer concise, focused affidavits. Don't repeat yourself.
Being Too Emotional
Stick to facts. Rants about your ex aren't helpful.
Including Irrelevant History
Focus on what matters to the issues before the court.
Not Providing Evidence
Assertions without supporting evidence are weak. Attach documents.
Guessing or Speculating
Only state what you actually know.
Swearing/Affirming
Who Can Witness
- Justice of the Peace
What You're Doing
Declaring under oath that the contents are true. Lying is perjury.
Filing
File at the court registry with: