Sample Family Law Affidavits

An affidavit is a written statement prepared by a party or witness. It is the main way you present evidence (facts of the case) to the Court. You must swear or affirm the affidavit before a person authorised to witness affidavits; for example, a lawyer or Justice of the Peace.

For more information about affidavits, see the fact sheet ‘Preparing an affidavit’.

■ If you are applying for a divorce on your own, you must file an affidavit yourself. You should also file an affidavit by an independent person; such as, a family member, friend or neighbour.

■ If you and your spouse are applying together, you must each file a separate affidavit. If only one of you is able to file an affidavit, then you should file an affidavit by an independent person (see above).

Note – The affidavit by the independent person should contain as much information as they know about the separation.

What do I need to prove?

In your affidavit, you need to prove that there has been a change in the marriage, gradual or sudden, showing you and your spouse have separated. You will need to explain any:

■ change in sleeping arrangements

■ reduction in shared activities or family outings

■ decline in performing household duties for each other

■ division of finances; for example, separate bank accounts, and

■ any other matters that show the marriage has broken down; for example, if you have notified family and friends of your separation.

Your affidavit should also explain:

■ Why you continued to live in the same home following separation and what intention, if any, you have of changing the situation.

■ Living arrangements you made for any child of the marriage under 18 years during the time you were living under one roof.

■ What government departments you have advised of your separation if you receive a government benefit; for example, Centrelink or the Child Support Agency. If correspondence has been received from these departments about your separation, attach a copy to your affidavit.

Fact Sheets

Family law in Australia – dividing property after you have separated – PDF, 823.0kbThis information is for people who:have been married or in a de facto relationship, are no longer together and need to divide up property such as the car, furniture or house English
Family law in Australia – after you have separated: making arrangements about the children – PDF, 794.0kbThis information is for parents who are no longer in a relationship together. It has information on the law in Australia and making arrangements for the children after you have separated. English
Family law in Australia – separation and divorce – PDF, 921.0kbThis information sheet is for people who are unmarried and thinking about ending their relationship or married and thinking about getting a divorce. It has information on what you need to do, your rights and responsibilities and where to get help. English
Family law in Australia – the first step: getting help to reach agreement with the other parent. – PDF, 631.0kbThis information is for parents who are separated or thinking of separating English