How to Prepare Your Affidavit for Family Court

What is an affidavit?

An affidavit is a formal written statement of facts that you swear or affirm to be true before an authorised witness. It is a legal document that carries significant weight in court proceedings and becomes part of the permanent court record.

Affidavits serve three core purposes in family law matters:

• Present your evidence — they allow you to set out the facts, circumstances, and events that support your case, replacing oral testimony in many proceedings.
• Support applications — most applications to the court, including initiating and interim applications, must be accompanied by an affidavit setting out the facts you rely on.
• Create a record — judges read affidavits to understand the issues before making decisions. What you put in — and leave out — shapes how the court sees your matter.

Form 14 requirements under the Family Law Rules 2021

Form 14 (Affidavit — General Form) is the standard affidavit used in the Federal Circuit and Family Court of Australia. Understanding its mandatory elements is essential for preparing a compliant document.

Header information

• Court name: Federal Circuit and Family Court of Australia
• File number (if already assigned)
• Names of applicant and respondent

Deponent details

• Your full name
• Your address (or address for service)
• Your occupation

Jurat (swearing clause)

• Whether sworn or affirmed
• Date of swearing or affirming
• Location where sworn or affirmed

Signatures

• Your signature
• Witness signature
• Witness name and qualification

Structure: paragraphs, first person, chronological order

A well-structured affidavit is easier for the court to read and more persuasive. The Family Law Rules 2021 prescribe certain formatting requirements that you must follow.

Numbered paragraphs

Every paragraph must be numbered consecutively (1, 2, 3, …). This makes it easy for the court and other parties to reference specific statements. Example: "1. I am the applicant in these proceedings. 2. I am the mother of [Child's name], born [date]. 3. The respondent is the father of [Child's name]."

First-person narrative

Write in first person using "I" statements. You are telling your story directly to the court. Avoid third-person references: "I attended the handover at 5pm" is correct; "The applicant attended the handover" is not.

Chronological order

Present events in the order they occurred. Start with background information, then progress through events to the present situation:

1. Background (relationship, children, separation)
2. Early events and issues
3. Subsequent events in date order
4. Current situation
5. What orders you seek and why

Annexures and exhibits: attaching documents

Supporting documents attached to your affidavit are called annexures or exhibits. These might include text messages, emails, photographs, medical records, or other evidence.

How to attach documents

1. Reference in the body — refer to each annexure in the body of your affidavit before attaching it. Example: "Annexed hereto and marked 'Annexure A' is a true copy of the text messages between myself and the respondent dated 15 January 2026."
2. Label each annexure — use consecutive letters (Annexure A, Annexure B) or your initials plus a number (e.g. JS-1, JS-2). Create a cover page for each annexure with the marking clearly visible.
3. Witness certification — the witness who swears your affidavit must sign or initial each annexure and include a certificate stating: "This is the annexure marked [A] referred to in the affidavit of [Your Name] sworn/affirmed on [date]."
4. Organise chronologically — where possible, organise annexures in the order they appear in your affidavit. This makes it easier for the court to follow your evidence.

Swearing and affirming requirements

Your affidavit is not valid until it has been sworn or affirmed before an authorised witness. This formal process makes your statement legally binding.

Swearing (oath)

Swearing involves taking an oath on a religious text. You promise to tell the truth before God: "I swear by Almighty God that this is my name and handwriting and that the contents of this affidavit are true."

Affirming

Affirming is a non-religious alternative with the same legal effect. You solemnly declare the contents are true without reference to a deity: "I solemnly and sincerely declare and affirm that this is my name and handwriting and that the contents of this affidavit are true."

Who can witness your affidavit

• Justice of the Peace (JP)
• Australian legal practitioner (solicitor or barrister)
• Court registrar or deputy registrar
• Commissioner for declarations
• Notary public
• Other persons authorised under state or territory law

Common mistakes to avoid

Many affidavits are rejected or given less weight due to avoidable errors. Each mistake below weakens your evidence — addressing them before you swear your affidavit strengthens your case.

• Including opinions instead of facts — state what you personally observed, not your interpretation. Instead of "The respondent is a bad parent," say "On 15 January 2026, the respondent did not collect the child from school at the agreed time of 3pm."
• Hearsay evidence without identification — if you are stating what someone else told you, clearly identify this as hearsay and provide the source. "My mother told me that she saw the respondent…" is hearsay and should be stated as such.
• Vague or unspecific dates — be as specific as possible. "Sometime in 2025" is much less persuasive than "On 15 March 2025 at approximately 6:30pm."
• Emotional or inflammatory language — keep your language neutral and factual. Avoid words like "always" or "never," or emotional descriptions. Let the facts speak for themselves.
• Exceeding page or word limits — check the current Practice Directions for applicable limits. Affidavits that exceed limits without leave may be rejected or struck out. Focus on the most important facts relevant to your application.
• Improper annexure certification — each annexure must be properly marked and certified by the witness. Missing or incorrect annexure certificates can result in the documents being excluded.

Reply affidavits vs initiating affidavits

Understanding the difference between these types of affidavits helps you respond appropriately at each stage of proceedings.

Initiating affidavit

Filed with your application to start proceedings or an interim application. It sets out the facts supporting your application: background and context, the facts on which your claims rest, and why orders are needed.

Reply affidavit

Filed in response to the other party's affidavit. It addresses specific allegations and provides your version of disputed events. Address each allegation directly by paragraph number — for example: "In response to paragraph 15 of the respondent's affidavit sworn on [date], I say that…" Only respond to matters that require a response; do not repeat your entire case.

Filing requirements: Commonwealth Courts Portal

Most documents in the Federal Circuit and Family Court of Australia are now filed electronically through the Commonwealth Courts Portal.

1. Create an account — register at comcourts.gov.au if you do not already have one.
2. Prepare your document — ensure your affidavit is sworn or affirmed and saved as a PDF. Include all annexures in the correct order.
3. Upload and submit — log in, select the correct matter, choose the document type, upload your PDF, and submit.
4. Pay the filing fee — some documents attract a filing fee, payable online through the portal.
5. Serve the other party — after filing, you must serve a copy on the other party (and their lawyer if they have one). Keep proof of service.

Common questions