Family Law Affidavits
- Shallice Cockram
- Sep 18
- 6 min read
An affidavit is one of the most important documents in the Family Court. It is your written evidence, setting out the facts of your case in your own words, and it often carries as much weight as what is said in the courtroom. Because the Judge may not hear every detail through oral evidence, your affidavit is often the main way your story is presented.
A strong affidavit can make a real difference. It helps the Court understand your circumstances, highlights what matters most for your children or your property settlement, and supports the orders you are seeking. On the other hand, a poorly prepared affidavit can weaken your case and even harm your credibility.
Below, please see some very important advice on how to prepare a clear, persuasive affidavit that supports your case.
1. Formatting
a) Times New Roman, 1.5 spacing
b) Each new fact or topic should have its own short numbered paragraph for easy reference.
2. Length
Affidavits must not exceed 25 pages or include more than 10 annexures in Division 1 , or exceed 10 pages or five annexures in Division 2 proceedings.
Division 1 = complex matters and appeals,
Division 2 = simpler cases and faster resolution.
3. Write in the first person
Use "I" statements — you are telling your personal account (e.g., "I attended the meeting on 10 January 2025.").
4. Stick to facts, not opinions
State what you saw, heard, said, or did. Avoid giving your personal opinions or conclusions.
5. Be chronological
Present events in the order they happened to make your affidavit easy to follow.
6. Include dates, times, and locations
Specific details make your affidavit stronger and more credible.
7. Avoid emotional language
Stay neutral and factual — avoid blaming, exaggerating, or name-calling.
8. Be concise
Keep your sentences short and direct. Remove unnecessary words or repetition.
9. Focus only on what is relevant
Include only facts that relate to the issues the Court must decide.
10. Use headings for different topics
If your affidavit covers multiple areas (like parenting, property, violence), use headings to organise sections.
11. Refer to documents clearly
If you mention a document, describe it and refer to the annexure (e.g., "A true copy of the letter dated 1 February 2025 is annexed and marked 'Annexure A.'").
12. Keep annexures to important documents only
Don’t flood the Court with unnecessary documents; only annex key evidence.
13. Avoid hearsay
Only state what you personally know. If you must refer to something you were told, say who said it and when.
Hearsay is when a person gives evidence about a statement made by someone else, to prove the truth of that statement.
1. A mother files an affidavit saying, "My son told me that his father hit him."
This is hearsay because the mother is reporting what her son said, not what she saw.
The Court may accept the evidence but treat it with caution, especially if no other evidence supports the claim (such as a teacher’s report, photographs, or medical records).
2. A wife says in her affidavit, "My father told me that he gave $50,000 to my husband as a gift for us to buy our home."
This is hearsay if it is used to prove the $50,000 was a gift.
The Court might accept the statement but would prefer a direct affidavit from the father or bank documents to verify the gift.
14. Use proper language
No slang, jokes, sarcasm, or text abbreviations. Write formally and respectfully.
15. Proofread carefully
Spelling mistakes, typos, and grammatical errors can undermine your credibility.
16. Have someone you trust read it
A second pair of eyes can help spot confusing sections or mistakes.
17. Swear or affirm it correctly
Once finished, you must sign the affidavit before an authorised witness (e.g., a Justice of the Peace, solicitor).
18. Keep a clean copy
After signing, keep a complete signed and witnessed copy for your own records.
19. Examples
Recovery Order
· https://www.legalaid.vic.gov.au/sites/default/files/2023-01/vla-how-to-run-your-family-law-case.docx
Practical Examples
Example 1: Parenting Matter (child’s care and activities)
On 20 March 2025, I collected the child, Olivia, from her school, Springfield Primary, at 3:00pm. Olivia appeared happy and was excited to tell me about her day. After school, we attended her scheduled swimming lesson at the Springfield Aquatic Centre from 4:00pm to 5:00pm.
Annexed hereto and marked with the letter … (page … to …) is a true copy of her swimming enrollment confirmation.
Example 2: Property Matter (contribution to property)
On 15 April 2018, I paid the deposit of $40,000 for the purchase of the property located at 1234 King Street, Brisbane. The funds were sourced solely from my personal savings account held with Westpac (Account No. XXX).
Annexed hereto and marked with the letter … (page … to …) is a true copy of bank statement confirming this transfer .
Key features these examples show:
Paragraph number at the start
Clear date, event, location, and people involved
Short, factual sentences (no emotions or opinions)
Evidence clearly referred to ("Annexure A" / "Annexure B")
Neutral, formal tone
Poorly drafted paragraph in an affidavit
On or about some time in March I think it was, I had to pick up Olivia from school because her useless father forgot again even though he always pretends to be a great dad. She was crying and upset because he obviously doesn't care about her like I do. Anyway, I took her to swimming, like I always do, because I’m the only responsible parent in this situation.
What’s wrong with this?
Issue | Why it's a problem |
Vague dates and details ("some time in March") | The Court needs specific, accurate dates. |
Emotional and opinionated language ("useless father", "obviously doesn't care") | Affidavits must be factual, not emotional or insulting. |
Speculation ("he obviously doesn't care") | You can't guess someone’s thoughts or intentions. |
Unnecessary commentary ("because I’m the only responsible parent") | Stick to facts, not self-praise or blaming the other party. |
Rambling and disorganised ("anyway," poor structure) | Affidavits must be clear and professional — messy writing damages credibility. |
Affidavit Paragraph Template
You can use the following template as a starting point for drafting..
[Paragraph number]. On [exact date] at [location], I [what you did, saw, heard, or experienced], [Short factual description of any important detail].
Annexed hereto and marked with the letter "..." is a true copy of [any supporting document] dated ………….. (if applicable).
Step | What to include | Example |
1. Paragraph number | Start with a number, e.g., "5." | 5. |
2. Specific date | Use the actual date, not "recently" or "a while ago." | On 10 March 2025 |
3. Location (if relevant) | Where it happened. | at Springfield Primary School |
4. Action | Say exactly what you did, saw, or heard. | I collected Olivia after school at 3:00pm. |
5. Short factual description | Add key factual details neutrally. | Olivia appeared happy and told me about her art project. |
6. Reference annexures (optional) | Only if attaching documents. | Annexed hereto and marked with the letter … (page … to …) is a true copy of the school newsletter. |
Example using the Template:
1. On 1 April 2025 at the Family Dispute Resolution Centre in Brisbane, I attended a mediation session with the Respondent. No agreement was reached.
Annexed hereto and marked with the letter "C", is a true copy of the s60I certificate.
Key reminders when using the template:
Keep each paragraph to one main event or point.
Chronological order makes it easier to follow.
Stay neutral: no opinions, no accusations, no emotions.
Use annexures properly (correctly named and attached).
Sample Affidavit (Family Law – Parenting Focus)
NB: This simplified affidavit is useful for understanding structure, but it is missing significant content that would be required in a full affidavit.
I am the [Applicant/Respondent] seeking parenting orders in relation to the [child/children] of my [marriage/unmarried relationship] with [insert full name of other party] (“[short name]”)
We commenced a relationship in or about March 2014 and separated on 15 February 2025. There are two children of the relationship: Olivia Smith, born 15 May 2016, and Noah Smith, born 23 August 2018.
On 20 March 2025, I collected Olivia from her school, Springfield Primary School, at 3:00pm. Olivia appeared happy and was excited to tell me about her day at school. After school, we attended her scheduled swimming lesson at the Springfield Aquatic Centre from 4:00pm to 5:00pm.
A true copy of her swimming enrolment confirmation is annexed and marked "Annexure A."
On 25 March 2025, I sent an email to XXX proposing arrangements for the children for the Easter school holidays.
A true copy of my email dated 25 March 2025 is annexed and marked "Annexure B."
On 28 March 2025, XXX replied by email declining the proposal, stating he would be unavailable due to work commitments.
A true copy of the XXX’s email dated 28 March 2025 is annexed and marked "Annexure C."
I have always supported and encouraged the children's relationship with XXX. I have facilitated regular telephone calls and provided updates about the children’s schooling and extracurricular activities.
Sworn/affirmed by [Your Full Name] on [date] at [place] before me:
[Signature of deponent]
[Signature of witness][Name and qualification of witness]
👉 If you need help drafting, reviewing, or strengthening your affidavit, contact Holistic Law today for practical, professional guidance tailored to your circumstances.
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