One of the questions we often get from people who are going to family court as a self-represented litigant or doing consent orders is “who can witness a Family Court Affidavit”
There are certain people who are able to do that for you. Scroll down for the list but first lets just clarify what an Affidavit is.
What is a Family Law Affidavit?
When do I file an Affidavit?
In the Family Court, you need to file an affidavit with an interim application, response or when directed by the Court. The Family Court has a blank affidavit form which can be used by applicants and respondents. You can get the forms from www.familycourt.gov.au or visit your nearest family court registry. Family Court of Australia Court Locations
In the Federal Circuit Court, you need to file an affidavit with your application or response, for both interim and final orders, and when directed by the Court. The Federal Circuit Court has a blank affidavit form which can be used by applicants and respondents.You can get the forms from www.federalcircuitcourt.gov.au or visit your nearest Federal Circuit Court registry Federal Circuit Court Locations
In the Family Court of Western Australia you need to file an affidavit with an application, response or when directed by the Court. The Family Court of Western Australia has a blank affidavit form which can be used by applicants and respondents. You can get the forms from www.familycourt.wa.gov.au/ or visit the Family Court of Western Australia or circuit location.
You should use the form that is relevant to the Court handling your matter.
Can I prepare my own affidavit?
You can but it is probably smarter to consult a lawyer, even if you are self-represented. Affidavits are an important part of your family law case and a lawyer can advise you what information will be important to include in the affidavit.
Sometimes something you think is important isn’t relevant to your case.
Sometimes something you think is so obvious that you don’t even have to say it is really important to include in your Affidavit.
Signing the Affidavit
The person making the affidavit is called the deponent. The deponent must sign on the bottom of each page of the affidavit in front of an authorised person such as a lawyer or Justice of the Peace.
If you are overseas you will have to sign in front of a Notary Public or Australian Diplomatic or Consulate Officer.
Changes to the family courts.
The federal government is planning changes to the family court including reducing complexity by making forms such as affidavits the same for the Family Court and the Federal Circuit Court. These changes have not come into effect at the time of writing this article in November 2018.
Other posts relevant to the Family Court
Mary Louise Hatch
Mary Louise Hatch is a NMAS Accredited Mediator, Family Dispute Resolution Practitioner and Lawyer based in Victoria.
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