The Family Law Affidavit is a fundamental document in New Zealand's family law system, used to present sworn evidence to the Family Court. This document type is essential when formal written evidence is required in family proceedings, such as custody disputes, relationship property matters, or protection order applications. The affidavit must be prepared in accordance with New Zealand's Family Court Rules 2002 and related legislation, including the Family Court Act 1980 and Evidence Act 2006. It requires careful drafting as it serves as direct evidence in court proceedings and must be sworn or affirmed before an authorized person. The document typically includes detailed factual statements, exhibits of supporting documents, and must follow strict formatting requirements. Family Law Affidavits are particularly crucial in cases where oral evidence might not be required or where initial evidence is needed to support an application.
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1. Formal Introduction: States the deponent's full name, occupation, and address
2. Oath/Affirmation Statement: Standard declaration that the contents are true and correct
3. Capacity and Background: Establishes the deponent's relationship to the matter and relevant background information
4. Statement of Facts: Main body containing chronological or thematic presentation of relevant facts
5. Relief Sought: Clear statement of what orders or outcomes the deponent is seeking from the court
6. Verification Statement: Confirmation that the contents are true and correct to the best of the deponent's knowledge and belief
7. Execution Block: Space for signature, date, and qualified witness details
1. Children's Details: Required when the matter involves children - includes names, ages, and living arrangements
2. Property Details: Required for relationship property matters - lists relevant assets and liabilities
3. Domestic Violence History: Required for protection order applications - details of incidents and safety concerns
4. Financial Information: Required for maintenance or financial support applications - income, expenses, and financial circumstances
5. Urgency Statement: Required for urgent applications - explains why immediate court attention is needed
6. Previous Court Orders: Required when referring to existing orders - details of relevant prior court decisions
7. Cultural Considerations: Required when specific cultural matters need to be addressed - explains relevant cultural context
1. Exhibit Schedule: List of all documents attached as exhibits with corresponding exhibit numbers
2. Chronology Schedule: Timeline of key events when dealing with complex historical matters
3. Property Schedule: Detailed list of relationship property including values and supporting documentation
4. Contact Schedule: Detailed proposed arrangement for care of children including contact times and conditions
5. Income and Expenses Schedule: Detailed financial information for maintenance or financial support applications
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