Checklist for Drafting an affidavit

Introductory note:
Drafting an affidavit to support the orders sought by a client, whether interim or final, is one of the most commonly used tools by a family lawyer. Done well, your client’s history and reasons for commencing litigation will be understood by the judge. Done poorly, you may be the subject of judicial criticism.

How to use this checklist:
By keeping this checklist in mind, your affidavit will comply with the rules of evidence and will present a succinct and relevant account of your client’s case.
Consider the purpose for making the affidavit before commencing. In general terms, the affidavit should provide support for the orders sought by the applicant. An affidavit in an interim application will necessarily focus on the reason for the application, while an affidavit supporting an Initiating Application will include both historical and current factual material. Be succinct and relevant.

Other notes:
Family Law Rule r 2.02 provides a table which indicates documents that may be filed with the affidavit depending on the type of application and the stage of proceedings.

Part 15 of the Family Law Rules 2004 stipulates the general form and contents of an affidavit in family law proceedings.

Links to related content:
Commencing parenting proceedings.