The breakdown of a marriage leading to a divorce can be an intense and emotional experience for anybody. Unfortunately, in addition to the stress of losing a former partner, various issues arise, such as how your assets will be divided and who will look after the children.
The purpose of this article is to provide an easy-to-follow guide regarding an ‘Affidavit for efiling application’, as well as how to actually apply for a divorce.
When Can an ‘Affidavit for eFiling Application Form Be Used?
Please note that this ‘Affidavit for eFiling application form’ is to only be used for divorce. While it is automatically generated during the eFiling process, it sometimes may be required to be filed again.
The signing of the form must be witnessed by an authorised person such as a lawyer or a Justice of the Peace.
Here is a link to the form.
What Details To include In an Affidavit for eFiling Application?
An affidavit is a written statement prepared by a party or witness for the purpose of presenting evidence to the court. An Affidavit for eFiling Applications for Divorce will include information such as:
1. Your full name and signature.
2. Ensuring the Affidavit is affirmed or sworn by an authorised person such as a Lawyer or Justice of the Peace.
3. The location and date the person has signed the affidavit.
4. The authorised persons full name.
5. The correct box ticked to indicate that the authorised person has the capacity to witness the affidavit – Such as a Justice of the Peace, Lawyer or other professional.
Eligibility Requirements for Applying for a Divorce
According To The Family Law Act (1975) The Court Must Be Satisfied That:
- You and your partner have lived apart and separately for a minimum of 12 months. (You may still however live in the same home and be separated for purposes of satisfying this requirement).
- There is no reasonable likelihood of resuming married life.
- If there are children under the age of 18 involved, proper arrangements must be made for them before the court may grant a divorce.
How To Apply for A Divorce
There are two ways to apply for a divorce, which is either by joint application or single application.
Joint Application – An Application For Divorce That Can Be Filed Together By Both Partners
- Beneficial where there are children under 18 years of age.
- No requirement to attend court
Single Application – Where One Party Decides To File An Application For A Divorce Without The Involvement Of The Other Spouse
- Must be personally served on the other party.
- Where there are children under 18 years of age, the spouse filing the application is required to attend a divorce hearing.
What Do I Need To Prove In an Affidavit?
There has been a change in the marriage eventuating in separation. This can be achieved by explaining:
- Any division of assets, such as separate bank accounts or division of property of any kind.
- A decline in family outings and/or joint activities.
- If you are sleeping in separate beds or rooms.
- Any reduction in performing routine tasks, or household responsibilities for one another.
- Any other matters that demonstrate the marriage has broken down.
The Affidavit Should Provide Descriptions of the Following
- If there are children from the marriage under the age of 18, and any living arrangements you have made for them.
- Any Government departments you have advised of your separation, such as the Department of Human Services (Child support) or the Centrelink (Government benefits) – Attach copies of any correspondence.
- The reason(s) you have continued to reside in the same home, and any intentions (if any) of changing the living situation.
What Can a Family Lawyer Assist You With?
- Witnessing any signatures required for an affidavit for eFiling Application for divorce.
- Advising you on issues related to your application or divorce in general.
- Helping you understand any complex legal terminology used in applications and legislation.
- Ensuring all the correct procedures are being followed to make your life easier.
- Providing guidance on the next steps to take.
Why You Should Seek Legal Advice
It is important to note when filling out legal documents such as an ‘Affidavit for eFiling Application (Divorce)’ to ensure that everything is done correctly and all the correct procedures are followed
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start and will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves in making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
Any Other Family Law Questions?
If you have any more questions regarding an ‘Affidavit for eFiling application (Divorce)’ or any other family law matters check out our blog section for some more informative articles on a wide range of family law related topics.
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