Some terms in the Divorce Act changed on March 1, 2021
Effective March 1, 2021, the federal Divorce Act uses terms similar to those in the BC Family Law Act.
- The terms decision-making responsibility and parenting time replaces "custody."
- The terms contact and parenting time replace "access."
An affidavit is a written 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
Step-by-step guide to writing an affidavit. An affidavit is a written document that contains facts that you swear under oath to be true. Affidavits are part of your evidence when you do your own divorce.
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.
Checklist of the information you need to support an application for child or spousal support, parenting arrangements, or contact.
Swearing 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 with 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 will likely require you to swear or affirm your affidavits at the hearing.
However, the person who served the documents must swear or affirm an Affidavit of Personal Service (before giving it to you to file) if they won't be attending the hearing.