Join Dannielle Young, Senior Associate at Collective Family Law Group, as she talks us through a powerful tool for presenting evidence: affidavits. It can be difficult to fully comprehend crucial legal documents and what they entail. Tune in and learn what affidavits are, their purpose in Australian Family Law, how to prepare one, and the importance of accuracy and honesty when creating an affidavit.

What is an affidavit? An affidavit is a written statement made under oath or affirmation, used as evidence in court proceedings. It serves as a formal declaration of facts, where the person making the affidavit (known as the deponent) swears or affirms that the information provided is true to the best of their knowledge. In Australian family law, affidavits are commonly used in cases involving divorce, child custody, property settlements, and other family-related disputes.

An affidavit provides a detailed account of circumstances and context, allowing the Court to make informed decisions and judgment. 

Preparation of an affidavit involves outlining clear and concise facts, attaching supporting documents, and swearing or affirming the affidavit in the presence of an authorised witness.

Accuracy is paramount when creating an affidavit. Inaccurate, false or misleading information can incur serious legal consequences and negatively impact the outcome of your case.