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Affidavit for eFiling Applications (Divorce): A Guide

Published on April 18, 2024

    Profile picture of a family lawyer in Sydney Ms Jessica O'Brien

    About the Author

    Jessica O’Brien

    Since her admission to the Supreme Court of NSW in July 2021, Jessica has worked predominantly in Family Law assisting clients with a wide range of issues including from divorce, separation, child custody and parenting matters, property division, financial agreements, and matters related to domestic violence.

    Since her admission to the Supreme Court of NSW in July 2021, Jessica has worked predominantly in Fa... Read More

    Profile picture of a family lawyer in Sydney Ms Jessica O'Brien

    Jessica O Brien

    Author
    Since her admission to the Supreme Court of NSW in July 2021, Jessica has worked predominantly in Family Law assisting clients with a wide range of issues including from divorce, separation, child custody and parenting matters, property division, financial agreements, and matters related to domestic violence.

    When filing for divorce in Australia, it’s important to understand the process surrounding the affidavit for eFiling applications. Contrary to what some might think, this isn’t a document you need to prepare independently. Instead, as you fill out the online divorce application form, the affidavit for e-Filing is automatically generated on the Commonwealth Court’s Portal website.

    This streamlines the process significantly, allowing you to review, print, and sign the document, thus ensuring all necessary information is accurately conveyed to the court. This guide aims to simplify the procedure, and our divorce lawyers in Sydney are here to assist you every step of the way.

    What is an Affidavit for eFiling Divorce Applications?

    An affidavit for eFiling divorce applications is a sworn statement made under penalty of perjury. It is used in divorce proceedings to provide the court with factual information about the marriage, the parties involved, and the reasons for the divorce. This document is typically required when filing for divorce online, and it must be completed accurately and honestly.

    It is important to take the time to gather all the necessary information and to ensure that the form is completed correctly, with the best rated family lawyers to avoid any delays or complications in the divorce process.

    Completing the Divorce Application: Required Information

    When completing the divorce application, it’s essential to provide comprehensive information, which is directly included in the application rather than in the affidavit for eFiling.  

    Here’s what you’ll need: 

    • Personal Details: It’s crucial to include the full names, dates of birth, and addresses of both parties involved in the divorce. 
    • Marriage Information: You’ll need to provide specific details about your marriage, such as the date and location of the ceremony. 
    • Children Details: If applicable, the application must contain information about any children from the marriage. This includes their names, dates of birth, and current living arrangements. 
    • Grounds for Divorce: The application should clearly state the reasons for seeking a divorce, typically revolving around irreconcilable differences or a separation period of at least 12 continuous months. 

    This detailed information is vital for the divorce process and ensures that your application is accurately reviewed and processed. 

    Who Can Witness an Affidavit for eFiling Applications Divorce?

    Filing for a divorce Australia, an affidavit for eFiling applications (divorce) must be witnessed by an authorised person. This can include: 

    • A justice of the peace 
    • A barrister or solicitor 
    • A commissioner for declarations 
    • A notary public 

    It’s essential to ensure that the person witnessing your affidavit is authorised to do so in your state or territory. 

    Common Mistakes to Avoid in Your Affidavit

    When completing an affidavit for eFiling applications (divorce), there are some common mistakes to avoid. These include: 

    • Not filling out the form accurately or completely 
    • Providing false or misleading information 
    • Failing to sign and date the affidavit 
    • Using informal or colloquial language 
    • Leaving blank spaces or using white-out

    Who Can Help with Your Affidavit?

    Completing a divorce application and affidavit for eFiling applications (divorce) can be a daunting task, but you don’t have to do it alone. At Unified Lawyers, we understand the importance of accuracy and attention to detail in legal matters. 

    Our team of experienced lawyers is dedicated to making the process as smooth and stress-free as possible for our clients. We take the time to understand your unique situation and provide personalised advice and guidance every step of the way. 

    If you need assistance with an Affidavit for eFiling Application (Divorce) or any other family law matter, contact Unified Lawyers today. Our friendly and knowledgeable team is here to help. 

    Profile picture of a family lawyer in Sydney Ms Jessica O'Brien

    Jessica O Brien

    Author
    Since her admission to the Supreme Court of NSW in July 2021, Jessica has worked predominantly in Family Law assisting clients with a wide range of issues including from divorce, separation, child custody and parenting matters, property division, financial agreements, and matters related to domestic violence.

    “All materials throughout this entire website has been prepared by Unified Lawyers for informational purposes only. All materials throughout this entire website are not legal advice and should not be interpreted as legal advice. We do not guarantee that any of the information on this website is current or correct.
    You should seek specialist legal advice or other professional advice about your specific circumstances.
    All information on this site is not intended to create, and receipt of it does not constitute a lawyer-client relationship between you and Unified lawyers.
    Information on this site is not updated regularly and so may not be up to date.”

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