Family Law
Process.

When you’re involved in a family law matter—whether it’s about parenting, property, or financial support—your affidavit is one of the most important documents you’ll submit to the court.

But what exactly is an affidavit? And how do you make sure yours helps your case?

What Is an Affidavit?

An affidavit is a written, sworn statement of facts. It’s your side of the story—told in your own words and signed under oath or affirmation.

Everything you write must be true and based on personal knowledge or evidence you’ve seen or experienced.

In family law, affidavits are used in:

• Parenting disputes

• Property settlements

• Divorce applications

• Spousal maintenance or child support applications

• Applications for interim or final orders

What Must Be Included?

A strong affidavit should include:

• A brief background (your age, relationship history, children, employment, etc.)

• Clear details about the dispute (what happened, when, and how it affected you or the children)

• Specific examples and dates where possible

• Facts—not opinions or assumptions

Example:

Instead of saying “He was always aggressive,” say:

“On 15 March 2023, during a discussion about school fees, he shouted at me, slammed the door, and said, ‘You’ll never see a cent from me.’ My 8-year-old son witnessed this and started crying.”

What You Shouldn’t Include

• Hearsay (things you didn’t directly witness unless clearly stated)

• Emotional language or personal attacks

• Unnecessary history that doesn’t relate to the current issues

• Legal arguments (your lawyer will handle that)

How Do I Prepare One?

You can draft your own affidavit or your lawyer can help prepare it. It must be:

1. Formatted correctly (as per Family Court rules)

2. Signed in front of an authorised witness (e.g., Justice of the Peace or lawyer)

3. Filed with the court and served to the other party

Why Affidavits Matter

Judges often rely heavily on affidavits—especially in interim hearings where there’s no live testimony. A poorly written affidavit can weaken your case. A well-prepared one helps the court understand your situation clearly and fairly.

Final Tips

• Stick to the facts

• Keep it relevant

• Be honest—false statements can seriously harm your case

If you’re unsure what to include, speak to a lawyer or visit a community legal centre for help reviewing your affidavit.