Instructions for completion (remove before filing)

Affidavit – Family law and child support proceedings

1. This affidavit form should be used for any proceeding which is subject to the:
a. Federal Circuit and Family Court of Australia (Family Law) Rules 2021(Family Law Rules); or
b. Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021.
2. Each paragraph in this affidavit must be numbered.
3. Affidavits must comply with the formal requirements for documents, for example, size 12 font, 1.5 line
spacing and consecutive numbering of all pages (see Rule 2.14 of the Family Law Rules).
4. This affidavit must be sworn or affirmed before a person authorised by law to witness the swearing of
affidavits; for example, a lawyer, notary public or Justice of the Peace.
5. Each page must be signed by the deponent (the person making the affidavit) and the witness.
6. Any alteration in the affidavit must be initialled by the deponent and the witness.
7. Affidavits filed in support of an interlocutory/interim application must comply with the limitations on the
number and length of affidavits (see Rule 5.08 of the Family Law Rules and the modified rule in the
Federal Circuit and Family Court of Australia (Division 2)(Family Law) Rules 2021 for proceedings in
Division 2 of the Court). An affidavit filed in support of, or in opposition to, an application for
interlocutory orders cannot be longer than:
a. 25 pages with no more than 10 annexures if filed in the FCFCOA (Division 1); or
b. 10 pages with no more than 5 annexures if filed in the FCFCOA (Division 2).
The cover sheet and jurat are not included in the page limit (i.e. Parts A, B, E or F).
8. You must complete your address for service details at the bottom of page 1. All correspondence
concerning the affidavit will be sent to the email or mailing address inserted and all documents in the
proceedings will be deemed to have been served on you if emailed or posted to that address. If your
address details change, you must file a Notice of Address for Service within seven days and serve a
copy on all other parties: see Rule 2.25 of the Family Law Rules.
9. If you are relying on a document to support anything in your affidavit, attach a copy of the document
as an annexure to the affidavit. This document is then referred to as an ‘annexure’. If there is more
than one annexure refer to each by a number or letter; for example – 'Annexure 1' or 'Annexure A'.
The annexure should also have page numbers. If there is more than one annexure, the page
numbers must run consecutively until the last page of the last annexure. A document annexed to an
affidavit must be served with the affidavit. See Rule 8.15(4) of the Family Law Rules. The document
will still need to be tendered in court to be relied upon as evidence (see rule 8.15(3)(e)).
10. Each annexure must include a statement signed by the witness identifying the annexure as the
document referred to in the affidavit. The wording of the statement is as follows:
This is the document referred to as [insert annexure number] in the affidavit of
[insert deponent's name] sworn/affirmed at [insert place] on [insert date] before
me [witness to sign and provide name and qualification].
The statement must be signed at the same time as the affidavit and by the same witness.
11. The Court may strike out any material which cannot be used in evidence; for example, if the material
is unnecessary, scandalous or contains opinions of persons not qualified to give them. See Rule 8.18
of the Family Law Rules.
12. If the deponent does not understand English, a translator must read or give in writing a translation of
the affidavit and oath/affirmation in a language which is understood, and must certify in the signing
clause that they have done so. Part F of this form must be used. See Rule 8.17 of the Family Law
Rules.
13. Once complete, you need to file the affidavit and any annexures with the Court. It must be filed
electronically on the Commonwealth Courts Portal (www.comcourts.gov.au) unless it is not
reasonably practicable to do so. You must serve a copy on the other party or parties and keep a copy
for your records.
14. If your Affidavit does not comply with these instructions, the Affidavit may not be read in into evidence
in the proceedings.

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FOR FINANCIAL MATTERS
15. An affidavit should include at least evidence about the following:
a. a schedule of all known assets, liabilities and financial resources;
b. details of the financial and non-financial contributions made by each party including to the
welfare of the family;
c. details of the factors relevant to each party’s future circumstances (e.g. income, age, health,
care of children, employment capacity, financial resources);
d. details of the practical effect of the proposed division of assets, liabilities and financial
resources as sought in the Application or Response;
e. a list of all items not produced where it is asserted that disclosure has not been completed;
and
f. details of any concerns in relation to domestic and family violence, including coercive and
controlling conduct.
FOR PARENTING MATTERS
16. An affidavit should include at least evidence about the following:
a. details of the current arrangements for where each child lives, and who they spend time and
communicate with for all relevant children including:
i. a description of the home in which the child/ren lives and/or spends time and the
facilities available to them (e.g. own bedroom/shared bedroom/distance from
school/other parent or party);
ii. how long those arrangements have been in place and details of any prior
arrangements;
iii. distance between the parents’/parties’ homes;
iv. details of how and where changeovers currently occur;
v. when and how the child/ren communicate with each parent/party when they are in
the care of the other parent/party
b. schooling and/or child care details as well as details of arrangements for any care of children
not undertaken directly by a parent/party (e.g. time spent with a grandparent/family member
outside school hours/holiday care and how any costs are paid);
c. the names, details and relationships of any adult or child who regularly lives or spends time
with the subject child/ren;
d. details of any medical or other conditions that affect a party’s capacity to care for the
child/ren; and
e. details in support of any allegations of risk or safety concerns raised in the accompanying
Notice of child abuse, family violence or risk, and any family violence order that applies to the
child/ren or a party.

Remove these instruction sheets before filing

B
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Affidavit – Family law and child support proceedings

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - RULE 8.15
COURT USE ONLY
Filed in:
Client ID      ________________________
Federal Circuit and Family Court of Australia
Family Court of Western Australia File number      _____________________
Other (specify)      
Filed at      
Type of proceedings:
Family law proceedings
Filed on      
Other (specify)      
Court location      ___________________
Filed on behalf of:
Full name:      
Court date      ______________________

Name of person swearing/affirming this affidavit:

     

Date of swearing/affirming      /     /     

Part A About the parties

APPLICANT 1 RESPONDENT 1
Family name (as used now) Family name (as used now)
           
Given names (as required) Given names (as required)
           

APPLICANT 2 RESPONDENT 2
Family name (as used now) Family name (as used now)
           
Given names (as required) Given names (as required)
           

What is the contact address (address for service) in Australia for the party filing this affidavit?
You do not have to give your residential address. You may give another address at which you are satisfied that you will receive
documents. If you give a lawyer’s address, include the name of the law firm. You must also give an email address.

     
      State       Postcode      

Phone      

Lawyer’s code      

Email      
 Part B About the independent children’s lawyer (if appointed)
Independent children’s lawyer family name Given names
           

Firm name
     

Part C About you (the deponent)

Family name (as used now) Given names
           

Gender Usual occupation (if applicable)

Male Female X      

What is your address?

You do not have to give your residential address if you are concerned about your safety. You may give another address at which you
are satisfied that you will receive documents.

     
     
      State       Postcode      

Part D Evidence
 Set out the facts divided into consecutively numbered paragraphs. Each paragraph should be confined
to a distinct part of the subject matter.
 Attach extra page(s) if you need more space. Make sure that the page containing the signature (Part E
or F) is always the last page of the form. You and the witness to your affidavit must sign the bottom of
each additional page.

1.      

Signature of person making this affidavit (deponent) Signature of witness

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 Part E Signature

I swear* /affirm* the contents of this affidavit are true

Signature of Deponent

Place       Date    /   /    

Before me (signature of witness)

     
Full name of witness (please print)

Justice of the Peace

Notary public
Lawyer
Other authorised person (specify)

* delete whichever is inapplicable

This affidavit was prepared / settled by deponent/s

lawyer      
     
PRINT NAME AND LAWYER’S CODE

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 Part F Alternative jurat for non-English speaking affidavit
Use this alternative jurat for the swearing/affirming of the affidavit and the translator’s certificate.
See Rule 8.17 of the Family Law Rules.

Interpreter/translator’s certification

I       certify that I understand the English language and the

      language, and that I have truly interpreted to the

deponent (named in Part C) the contents of this affidavit and the oath or affirmation which was
administered.

Date    /   /    
Signature of interpreter

Sworn*/affirmed* by the deponent through the interpretation of:

Interpreter’s full name
     
Address
     
Language
     

Signature of Deponent

Place       Date    /   /    

Before me (signature of witness) Full name of witness (please print)

Justice of the Peace

Notary public
Lawyer
Other authorised person (specify)

* delete whichever is inapplicable

This affidavit was prepared / settled by deponent/s

lawyer      
     
PRINT NAME AND LAWYER’S CODE

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