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
Family law proceedings
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 email registerme@comcourts.gov.au with your full name, date of birth, name of the other party, file number (if known) and your portal user name if you are already registered so we can create your registration or provide access to your file.
Migration and general federal law proceedings
Once complete, you need to file the Affidavit and any annexures with the Court. It must be filed electronically using eLodgment, unless it is not reasonably practicable to do so.
You will need to serve a copy on the other party or parties and keep a copy for your records.
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?.
For migration and general federal law proceedings, see the details about service in each area of law:
