Affidavits for Divorce Settlements in the Family Law Court

Summary: 

You will need an affidavit for family law court hearings or when you file an application in the court. Find out what an affidavit is and how you can prepare one yourself or with the help of a lawyer. Lyn, a family lawyer of 35 years, explains to Laura what an affidavit is, what is one, what the court uses it for and how you can prepare one with or without a lawyer. 

See the links below to find your template and rules to create your own. 

You don’t want to miss:

 

• What is an affidavit?

• Why they are important for court

• The problem with leaving things out of an affidavit 

• When do you need to do an affidavit for family court?

• What times do you not need an affidavit in court?

• What does a family lawyer do with your affidavit in court?

• What happens in the witness box in family court with your affidavit?

• How your lawyer can use your ex partners affidavit in divorce court.

• What will the judge probably do with your affidavit?

• What happens if the affidavits of each partner are different versions of the same story?

• How do you challenge their affidavit in your own response.

• What is relevant in your divorce affidavit?

• What restrictions and rules are there on affidavit presentation, font, space etc.. 

• How to use the family law act to make sure your affidavit is relevant.

• What is an annexure and why is it important?

• How to prepare your affidavit with a lawyer or to cut costs with your lawyer.

• Why shouldn't you rubbish your ex in your affidavit?

• How to stay factual and keep your emotions out of the affidavit. 

• What is a “gimme” in a divorce and property and children’s trial

• What happens if you lie in an affidavit?

• How do you swear or affirm your affidavit?

• How can you change your affidavit if you realise you’ve made a mistake?

• How to use your smartphone to help you find evidence and remember dates for your affidavit. 

 

Links and resources:

 

• Follow us on Instagram:https://www.instagram.com/thedivorcecourse

• Join us on Facebook https://www.facebook.com/thedivorcecoursepodcast

• Section 79 of the Family Law Act (Property) 

• Section 60 of the Family Law Act (Children)

• Federal Circuit Court Affidavit Information

• Australasian Legal Information Institute 

• Affidavit presentation rules and regulations and template

• Link to the do it yourself divorce and family law kits

• Registered JP’s in your area QLD

• Cost for filing in the Family Court

 

 

If you need emergency help you can also contact:

• Police on 000
• Queensland Government Links for DV
• DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill
• DV Connect Mensline on 1800 600 636
• National DV line on 1800 737 732.

• 1800RESPECT 1800 737 732
• WOMEN'S SHELTER SERVICE About Women's Shelters
• LEGAL AID: https://www.legalaid.qld.gov.au
• Lifeline 13 11 14
• Mensline Australia 1300 789 978
• Kids Help Line 1800 551 800
• Aboriginal Family Domestic Violence Hotline 1800 019 123
• Relationships Australia 

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