How to Help Your Family Lawyer Prepare Your Best Possible Affidavit — and Keep Your Legal Costs Down
A note from Allison
When you’re involved in family law proceedings, it can feel like everything is happening at once. You’re managing change at home, thinking about your children, your finances, and your future - and then you’re asked to provide detailed information so your lawyer can prepare your Affidavit.
For many people, this process is unfamiliar and, at times, confronting.
A well-prepared Affidavit is one of the most important documents in your case. While your lawyer is responsible for drafting it, the quality of the information you provide directly affects how strong, clear, and cost-effective that document will be.
This guide is designed to help you understand how to provide your lawyer with clear, organised instructions so they can prepare your best possible Affidavit - while also keeping your legal costs under control.
What is an Affidavit - and your role in it
An Affidavit is a written statement of evidence that is prepared by your lawyer based on the instructions you provide, and then sworn or affirmed by you as true.
In the Federal Circuit and Family Court of Australia, your Affidavit is one of the primary ways the Court understands your version of events.
Your lawyer’s role is to:
draft the Affidavit in the correct legal format,
ensure it complies with Court rules, and
present your evidence clearly and persuasively.
Your role is to:
provide accurate, detailed, and well-organised information, and
supply any supporting documents.
The clearer and more structured your instructions are, the more efficiently your lawyer can prepare your Affidavit.
Understanding the purpose of your Affidavit
Before you begin gathering your information, it helps to understand what your Affidavit is intended to do.
Your Affidavit will:
set out the relevant facts of your situation,
provide the Court with your evidence, and
support the Orders you are asking the Court to make.
Your task is not to write the Affidavit yourself, but to provide your lawyer with:
a clear account of events, and
the key details needed to properly present your case.
What information your lawyer needs from you
Your lawyer will take your instructions and convert them into a properly structured Affidavit. What they need from you is clear, factual, and organised information.
1. Your background details
Provide:
Your full legal name and date of birth
Your address and occupation
The other party’s full name and date of birth
The names and dates of birth of the children
Key relationship dates:
when you commenced living together
date of marriage (if applicable)
date of separation
date of divorce (if applicable)
2. Your account of events
Provide your lawyer with a clear, chronological outline of:
A brief overview of the relationship
The circumstances of separation
What occurred immediately after separation
Any significant incidents or events
Any risk issues (if relevant), including:
family violence
substance misuse
mental health concerns
Any changes in parenting or financial arrangements
Details of any previous Court proceedings or Orders
The current parenting arrangements
For property matters, also include:
Your understanding of the asset pool
A list or table of assets, liabilities, and superannuation
Details about how and when assets were acquired
📌 Practical Tip: Start with a simple timeline
You are not expected to write this perfectly.
Dot points, rough notes, or a timeline are more than enough. For example:
“March 2022: Separation occurred”
“April 2022: Children began spending alternate weekends with the other parent”
Your lawyer will turn this into a formal document. A clear timeline can significantly reduce drafting time and cost.
Facts, not opinions - what this means in practice
One of the most important ways you can assist your lawyer is by providing specific examples, rather than general statements.
For example:
❌ “She often committed family violence against me”
This is too general.
Instead, provide:
✔ “On 13 December 2023, while we were in the lounge room watching The Project on television, she yelled at me in front of the children and called me ‘lazy’ and a ‘terrible father’.”
This allows the Court to properly understand what occurred and draw its own conclusions.
📌 Practical Tip: Use the “who, what, when, where” approach
When describing events, try to include:
Who was involved
What happened
When it occurred (even approximately)
Where it happened
This makes your instructions far more useful and reduces the need for follow-up questions.
Supporting documents — what to provide
Your lawyer will advise you which documents are necessary, but generally you should provide materials that support key parts of your evidence.
In parenting matters, this may include:
School reports
Relevant text messages or emails
Photographs
Previous Court Orders
Intervention Orders
In property matters, this may include:
Payslips or tax returns
Bank statements
Superannuation statements
Valuations
Photographs of disputed assets
📌 Practical Tip: Focus on relevance
Providing too many documents can increase costs and reduce clarity.
Aim to provide:
documents that support your contentions about factual matters which are in dispute between the parties, and
documents your lawyer specifically requests.
Annexures - how documents are used
Documents that are referred to in your Affidavit are attached as annexures.
Your lawyer will:
select the relevant documents,
refer to them appropriately in the Affidavit, and
ensure they are properly formatted for Court requirements.
Your role is simply to:
provide the documents in a clear and organised way.
Swearing or affirming your Affidavit
Once your Affidavit is drafted, you will need to:
read it carefully,
confirm it is accurate, and
swear or affirm that it is true before an authorised witness.
The document must also be:
signed on each page, and
properly dated.
This step is essential for the Affidavit to be accepted by the Court.
How your instructions affect your legal costs
Your lawyer prepares your Affidavit based on the information you provide. The way you provide that information can significantly affect your legal costs.
Clients who provide:
clear timelines,
organised documents, and
structured instructions
often benefit from:
fewer revisions,
less back-and-forth communication, and
lower overall costs.
By contrast, disorganised or incomplete information can result in:
repeated requests for clarification,
longer drafting time, and
increased legal fees.
📌 Practical Tip: Think of it as briefing your lawyer
Before sending your information, ask yourself:
“If someone unfamiliar with my situation read this, would it make sense?”
If the answer is yes, you are likely on the right track.
Writing tips for your instructions
You do not need to write formally, but clarity helps.
When preparing your notes:
Stick to facts - what you saw, heard, or experienced
Use dates where possible
Keep things in chronological order
Be concise
Avoid generalisations and emotional or inflammatory language
Do not exaggerate
Be honest — your Affidavit will be sworn evidence
Common mistakes to avoid
The following issues often increase costs and reduce the effectiveness of your Affidavit:
Including rumours or second-hand information
Venting emotions rather than describing events
Leaving out important dates
Withholding relevant information
Sending disorganised or fragmented documents
Providing large volumes of irrelevant material
📌 Practical Tip: If unsure, include it in your notes
If you are uncertain whether something is relevant:
include it in your instructions to your lawyer,
but indicate that you are unsure.
Your lawyer can then assess its importance.
A final word - working together effectively
Preparing an Affidavit is a collaborative process.
You are not expected to draft a legal document — that is your lawyer’s role. What makes the difference is the quality of the information you provide at the outset.
Clear, honest, and well-organised instructions allow your lawyer to:
prepare a stronger Affidavit,
do so more efficiently, and
keep your legal costs as contained as possible.
At Allison Rowe Family Lawyers, the focus is on practical, steady guidance - helping you understand what is needed, and supporting you to move through the process with clarity and confidence.