A Family Law Affidavit is a fundamental document in Canadian family law proceedings, used to present sworn evidence to the court. This document type is required in various family law situations, including divorce applications, custody disputes, support variations, and property division matters. The affidavit must comply with both federal legislation (such as the Divorce Act and Canada Evidence Act) and provincial family law statutes and court rules. It typically includes personal information about the deponent, relevant facts presented in chronological order, and may be accompanied by supporting exhibits. The content and format must meet strict legal requirements, as the document becomes part of the official court record and can be used as evidence in hearings and trials. Family Law Affidavits can be challenged by opposing parties and may be subject to cross-examination, making accuracy and truthfulness paramount.
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1. Introduction and Identification: Deponent's full legal name, occupation, and place of residence
2. Capacity and Knowledge: Statement of the deponent's relationship to the case and basis of knowledge
3. Purpose of Affidavit: Clear statement of why the affidavit is being submitted and what it aims to address
4. Background Information: Relevant history of the family situation, marriage/relationship, and current circumstances
5. Statement of Facts: Chronological presentation of relevant facts, with each paragraph numbered and containing a single fact or point
6. Jurat: formal closing including place and date of swearing/affirming, with space for commissioner's signature
1. Financial Information: Detailed section on income, expenses, assets, and liabilities - required for support or property division matters
2. Parenting Details: Information about children, parenting arrangements, and children's needs - included when custody or access is at issue
3. Domestic Violence History: Details of any domestic violence or safety concerns - included when relevant to custody, access, or protection orders
4. Immigration Status: Details about citizenship and immigration status - included when relevant to jurisdiction or travel arrangements
5. Property Details: Specific information about property ownership and division - included in property disputes
6. Previous Court Orders: Details of existing court orders or agreements - included when relevant to current application
1. Exhibit A - Financial Statement: Sworn financial statement form required by the court
2. Exhibit B - Supporting Documents: Relevant documents referenced in the affidavit (e.g., bank statements, tax returns, pay stubs)
3. Exhibit C - Communications: Copies of relevant emails, text messages, or other correspondence
4. Exhibit D - Photographs: Relevant photographs properly dated and labeled
5. Exhibit E - Previous Court Orders: Copies of any court orders referenced in the affidavit
6. Exhibit F - Children's Records: School reports, medical records, or other relevant documents regarding children
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