Affidavits


Some terms in the Divorce Act will change on March 1, 2021

Effective March 1, 2021, the federal Divorce Act will use terms similar to those in the BC Family Law Act.

  • The term decision-making responsibility will replace custody to describe the responsibility for making important decisions and getting information about the children after separating.
  • The term parenting time will be used to describe the time that a parent spends with their child and is responsible for supervising and caring for the child.
  • The term contact will be used instead of access to describe the time children spend with a person who isn't a parent. This includes grandparents, aunts and uncles, and others.

An affidavit is a document that contains facts that you swear under oath or affirm are true.

You can often use an affidavit instead of giving evidence to the judge. But there are strict rules about:

  • how it should be written,
  • what it can include, and
  • how it's sworn or affirmed.

Writing an affidavit

Write an affidavit 

Step-by-step guide to writing an affidavit. An affidavit is a document that contains facts that you swear under oath to be true. Affidavits are part of your evidence when you do your own divorce.

How do you write an affidavit?

Tips on what information to include in your affidavit and in what order, what it should look like, how to use and attach exhibits, and how to swear or affirm the finished affidavit.

What to include in an affidavit or bring to court

Checklist of the information you need to support an application for child or spousal support, guardianship or custody, or parenting time.

Swearing an affidavit

Who can swear an affidavit?

A list of all the people authorized to act as commissioners for taking affidavits who can swear or affirm affidavits, in BC and elsewhere. Commissioners include lawyers, notaries, and government officials.

During COVID-19, you can swear a Supreme Court affidavit by videoconference if it's impossible or medically unsafe for you to meet a commissioner to swear an affidavit.

During COVID-19, you don't need to swear or affirm most affidavits that you're filing in a Provincial Court matter. If there is a hearing, the judge may require you to swear or affirm your affidavits at the hearing. 

However, you must swear or affirm an Affidavit of Personal Service before filing it if the person who served the documents for you won't be attending the hearing.