Write an affidavit
How to use this guide
This guide divides the affidavit into the following sections:
- Section 1: Introductory clauses
- Section 2: Parenting
- Section 3: Child support
- Section 4: Spousal support
- Section 5: Property — Interim orders
- Section 6: Concluding clauses
These sections are listed on the right-hand navigation panel and at the bottom of each page.
Your affidavit must include the introductory and concluding clauses. Use the sections on parenting, child support, spousal support, and property as necessary, depending on your situation. As you go through the sections, choose the clauses that apply to your situation.
When you've finished each section, generate a text version. Then copy and paste this text from your browser into a word processor (such as Microsoft Word). The compilation of all of your sections will make up your agreement. Once you have all your content in one document, you can format it into a formal affidavit. See our sample affidavit for a model to follow. See below for more details.
Using the instructions
Each section of the agreement is divided into topics. Each topic has a heading. Under each heading, there's a Show instructions button. If you click this button, step-by-step instructions for how to go through and fill out that part of the agreement appear. (See the sample button below.)
If you're stuck on how to proceed with part of a section, clicking Show instructions will reveal step-by-step instructions to help you. You can always collapse the instructions by clicking the button again.
These instructions don't appear in your text file.
Each topic contains sample clauses (paragraphs) to deal with different situations.
As you go through each section, decide which clauses apply to your situation. If a clause doesn't apply, click Don't include. The clause will be greyed out; it won't appear in your text file.
Once a clause is greyed out, you can always include it again by clicking Include. (See the sample clause below.)
For some clauses, you may need to enter additional information. The instructions will clarify what you need to do.
Including additional information
To record other relevant information, include the Insert your own statement here text box found at the end of each topic. Write your own statement in the box. Specific information or examples can help describe your current situation and any challenges. Include specific factual details, including the date where possible.
If you have a document that supports one of your statements, include it as an exhibit. For example , if you're talking about your child's attendance at school, attach a copy of the attendance record from the school.
Select the clause found at the end of each topic that says, Attached as Exhibit…. Label your exhibits in chronological order (A, B, C, etc.) in the affidavit. The commissioner who swears your affidavit must also review, label, and sign each exhibit.
Attached as Exhibit are copies of
Creating a text file
- When you've completed a section, click the Open text version button. This button appears at the bottom of each section and on the right-hand navigation panel. (See the sample button below.) When you click this button, a text version of the section opens in a new browser window. This text file has the clauses you've included and any information you've added.
- Copy and paste the text from the browser into your word processor (such as Microsoft Word).
- Go through the section and number each clause. The numbering for each section should pick up where the numbering for the last section left off.
- Do this for each section. Then compile all of the sections into one document, format it into a formal affidavit (see our sample affidavit for a model to follow), and take it to a commissioner for taking affidavits to swear and sign it. This will be your affidavit.