The Importance of a Quality Family Law Affidavit
In family law proceedings, the most crucial factor in presenting a strong case in your favour is having a well-prepared, good-quality family law affidavit.
Why a Family Law Affidavit Matters in Court Proceedings
A properly written affidavit can make a significant difference in how effectively your story and evidence are presented. It ensures your version of events is clearly communicated to the court, supporting your claims and protecting your interests.
What Is a Family Law Affidavit?
An affidavit is a sworn or affirmed document which contains the primary evidence on which your case is based. It provides your version of events and sets out the information and facts that will assist the Family Court to make its decision. An affidavit must be affirmed or sworn in front of a qualified legal practitioner or Justice of the Peace, confirming that its contents are true and correct.
What Should Be Included in a Family Law Affidavit in Victoria?
- A statement of your identity, including your full name, address, and what you do for a job
- All evidence that you wish to present
- Be written in first person
- Be signed by you and initialled on each page
Any alterations made to it also have to be initialled by you, and the affidavit must be printed single-sided. Supporting documents such as financial records, messages, or photos should be clearly referenced and attached where appropriate.
Drafting the details of an affidavit
Family Law proceedings are by definition a trial by affidavit, which is why careful consideration must be given to its drafting because this document is the most important document litigants (the parties to the proceeding) rely on. A family law affidavit gives you the opportunity to spell out or “paint a picture” of your story.
In order to paint a clear and persuasive picture, consideration must be given to ensuring that all relevant details are included. It’s absolutely vital that affidavits be:
- Well written in chronological order, with dates where possible
- Clearly understandable by all who will be reading it; not just you, but judges and other parties
- Persuasive in presenting your case, containing evidence which can be verified in the witness box
- Presented in a form that is admissible
Attaching Supporting Evidence to Your Family Law Affidavit in Victoria
Any material that you wish to rely on as evidence should be annexed (and referred to in the body of the affidavit), unless it’s an expert report such as one from a psychologist or psychiatrist. In this event, the psychologist or psychiatrist should have their own affidavit and the report attached to it.
Examples of evidence that should be annexed are:
- Drug test reports
- Certificates of attendance at parenting courses
- Letters from counsellors
- Financial documents such as invoices, bank statements, superannuation statements and receipts, for matters that relate to property
Common Mistakes to Avoid When Preparing a Family Law Affidavit
A family law affidavit should not contain opinions, needless repetition of facts or issues, personality flaws of your ex-spouse and other material completely irrelevant to the issues in the case.
In addition, the use of exaggerations and distortions (such as “always” and “never”) should not be included unless they can be substantiated, as they will not be looked on favourably. Rule 15.13 of the Family Law Rules (2004) provides that the court may order material to be struck out of an affidavit if the material:
- Is inadmissible, unnecessary, irrelevant, unreasonably long, scandalous or argumentative; or
- Sets out the opinion of a person who is not qualified to give it
If the court orders material to be struck out of an affidavit, the party who filed the affidavit may be ordered to pay the costs of any other party because of the material struck out.
How a Family Lawyer Can Help With Your Family Law Affidavit in Victoria
Preparing a detailed and compliant affidavit can be challenging, especially when emotions are high. A local family lawyer can help ensure:
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The affidavit meets court requirements
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Information is clearly presented
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Supporting evidence is properly attached
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Your statements strengthen your case rather than weaken it
Professional guidance ensures your document is persuasive, lawful, and respectful of court expectations.
Get Help From Joliman Family Lawyers in Swan Hill and Across Victoria
At Joliman Lawyers, we understand you’re looking to achieve the best possible outcome for you and your children. Seeking legal advice may seem daunting, but our friendly, honest and experienced team of family law experts are here to help you navigate through what can be a very challenging time.
Get in touch with us today to find out more – we offer a complimentary first half-hour appointment to all new clients.
FAQs About Family Law Affidavits in Victoria
What is the purpose of a Family Law Affidavit in Victoria?
It presents your evidence and personal account to the court, helping the judge understand your side of the matter without needing in-person testimony.
Who can help me prepare a Family Law Affidavit in Swan Hill or Echuca?
The family law team at Joliman Lawyers can help you prepare, review, and lodge your affidavit correctly in compliance with the Family Court of Australia’s requirements.
