An affidavit is a written statement where the contents are sworn or affirmed to be true. An affidavit should set out facts, not opinion. For more information see the fact sheet Preparing an affidavit.
It is important to read the Instructions for Completion before you start. You should get legal advice before preparing an affidavit.
Filing with the Court
Once completed your Affidavit should be eFiled with the Court using the Commonwealth Courts Portal (see How do I eFile? and go to the Affidavit and other supporting documents section). If for some reason you cannot eFile, you can file at a Court registry.
You will need to serve a copy on the other party or parties and keep a copy for your records.
TIP: If you are not registered on the Commonwealth Courts Portal or are registered but do not have access to your file electronically, please complete the enquiry form for divorce or other family law.
In the form, you need to select:
- I am making an enquiry about myself
- Commonwealth Courts Portal support and registration
- I am registered for the Commonwealth Courts Portal but can't see my file
Then provide your full name, email address, date of birth and the full name of the other party so we can verify your identity.
You should also provide your telephone number in case we need to contact you, and your Commonwealth Courts Portal username if you know it.
At Step 3 please provide your file number, if known, and ask for your client number.
Service
An Affidavit must be served on any other party. If you are lodging the Affidavit at the same time you lodge an application they must be served together.
For more information on serving an Affidavit in family law proceeding see How do I serve family law documents?.
