Affidavit – De facto financial cause
PLEASE READ BEFORE COMPLETING THIS AFFIDAVIT
A revised Application for Consent Orders form addressing the new de facto regime is available on the Family Court website at under the Forms section and printed consent order kits will be available in all registries shortly.
Parties who are in the process of finalising their arrangements for draft consent orders may have used the previous Application for Consent Orders form and in order to allow parties who have almost concluded their negotiations to utilise the previous form, parties may lodge the Application for Consent Orders form in the version which was in force on 28 February 2009 until 31 May 2009.
If parties are seeking orders in a de facto financial cause and use the version which was in force on 28 February 2009, further information will be required to satisfy the Court as to jurisdiction.
This template affidavit addresses the information required for the assistance of clients.
This template affidavit is only for use from 1 March 2009 to 31 May 2009 if the outdated form of Application for Consent Orders version approved 01-07-08 is used.
An Application for Consent Orders filed after 1 June 2009 is required to be the current approved version.
- This affidavit is to be completed only if you are filing an Application for Consent Orders which does not include the information in this affidavit and you are relying on the Court’s jurisdiction to make financial orders for the benefit of a party to a de facto relationship that has broken down.
- Each party to the Application for Consent Orders should file a separate affidavit.
INSTRUCTIONS FOR COMPLETING THIS AFFIDAVIT
There are special requirements where you are making an application for orders for de facto spouse maintenance and/or property settlement as a party to a de facto relationship which has broken down.
You must establish that you are entitled to apply and meet certain geographical requirements.
- Tick each box at 1 to 3 if they apply and complete 2
- Mark NO or YES for each box at 4 to 17 in the affidavit where required
- Produce any documents required by your answers to 5, 6, 11 and 16
Entitlement to apply and geographic requirements
- If you answer NO to 4 you must answer 5 to 7 as required and comply with item 86A (refer also item 85) of Schedule 1 of the Family Law Amendment (Financial Matters and other Measures) Act 2008.
- To enable the Court to exercise its jurisdiction in de facto financial causes you must:
- answer YES to one of the questions at 8 – 11, and
- answer YES to one of the questions at 12 or 13, and
- if you have answered YES to 13, you must also answer YES to one of the questions at 14 or 15
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* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.