How to Write an Affidavit

How to Write an Affidavit

Wondering how to write your own affidavit? Split Easy has got you covered.

While it’s obviously a lot easier to have an lawyer complete your affidavit on your behalf – it can be much more expensive to get expert assistance too. What’s more, even if you’re paying for your lawyer to help you out, there’s a good chance that you’ll need to put at least some information together for your lawyer to help them get started.

Knowing how to write the basics of an affidavit – even if your lawyer finishes it off, means that you can put your thoughts on paper in a way that’s informative, concise and clear. At the same time, if you start your affidavit off for your lawyer, you might be able to pay less for the time they spend finishing it for you.

The Format for an Affidavit

Before you get started, make sure that you understand the format required for an affidavit. This means including numbered paragraphs and writing all of your content in the first person (I, Me, and My). Other formatting tips include:

Print on one side of the page only

  • Use Times New Roman or Calibri font in 12-point size
  • Space documents with 1.5 spacing and use double spaces between paragraphs
  • Bold headings will help the content to flow and number your paragraphs consecutively.
  • Make sure your points are listed in chronological order
  • Reflect the orders that you want to request in your response or application
  • Adhere to the annexure limits of your court.

Completing your Content

Once you know how to format your affidavit, you’ll need to come to terms with the content. Some of the following headings may be suitable for your situation:

  • Introduction: Includes children’s details, personal details, and information about your ex-partner, as well as when you married, separated and got divorced.
  • Employment: Outline your employment history, your maternity leave, and current employment.
  • Domestic duties: Showcase the domestic duties that you were responsible for during your relationship.
  • Financial responsibility: Highlight how the finances in your household were managed during the relationship and how financial requirements are being dealt with now. Include any details on child or spousal support.
  • Parental responsibility: Make sure you describe who the primary carer was for your children during the relationship, and the involvement that you and your ex now have with the children.
  • Financial contributions: Outline the assets that you and your partner contributed to the relationships, as well as inheritances, gifts, and non-financial contributions like home maintenance.
  • Support services and courses: List any post-separation courses that you have completed to make you a better parent for your child, or any support you’re getting to help you with the divorce.
  • Concerns: Highlight any concerns you have about the safety or protection of the children, and make sure that the court is aware of what you have done to defend the children in the past.
  • Comments made by the children: This is where you can show quotes and details surrounding concerns that your children have about the other parent. You can also draw attention to any potential instances of emotional neglect or domestic violence.
  • Capacity to provide for the child: Here is where you can write about the mental health, emotional intelligence, living conditions, and work availability of yourself and the other parent, and how these things contribute to your ability to care for a child.
  • Domestic violence evidence: Offer any examples of domestic violence that you or your children might have suffered. Violence can be social, sexual, psychological, emotional, physical and verbal. Police reports can be included here
  • Current financial and parenting agreements: outline any agreements you have made about financial and parenting requirements here.
  • Proposed arrangements for financial and parenting settlements: Here is where you can outline what you would like to accomplish with your affidavit. You might need to request random drug tests if you’re worried about the other spouse’s addictions, for instance.
  • Declaration: The last paragraph of an affidavit is usually a declaration that everything you have stated is true to your knowledge, and that you have not made anything up.

Finishing your Affidavit

Remember, during your affidavit, it is important to stress how worried you are about your safety or the safety of your children. Using direct quotes is helpful, and you’ll need to be as specific as possible in your references to things like dates and timelines. Remove any information from the document that doesn’t support your argument or position.

Once complete, your affidavit will need to be signed by a justice of the peace or a lawyer, and each page will need to be initialed.

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