Affidavits

An Affidavit is a sworn written statement that is filed with the court as evidence. It provides a detailed account of facts and events and support the orders you are seeking, or is filed in response to an application that you are party to. The Divorce Assistant only prepares affidavits relating to family law matters that are in the Federal Circuit and Family Court of Australia.

Types of affidavits we prepare

Separation under the one roof

We commonly prepare affidavits to support divorce applications where the parties have lived under the one roof as a separated couple during the 12 months leading up to making the application. We’ll gather the information we need via a phone appointment and then prepare the affidavit on your behalf. Our fee is $295 for two affidavits of this nature.

Application in a proceeding – ‘Substituted service’ or ‘Dispensation of Service’

It is not uncommon for spouses to lose communication or even ghost one another post separation. However, this can prove difficult when it comes time to make an application for divorce. The court requires that the applicant do all things possible to locate their former spouse and notify them of the pending divorce application. However, if this is not possible, then an application requesting substituted service must be filed with the court, including a supporting affidavit. Our fee is $295 for this type of application and affidavit.

Property and/or Parenting

Affidavits relating to court applications seeking property or parenting orders are quite complex and need to be prepared carefully to ensure they comply with court rules and the family law act. If you are a self-represented litigant and need assistance drafting your affidavit, we can assist. Our fees are charged at $125 per hour.

Needing an Affidavit?