Supreme Court

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.

As you go through the sections of this guide, your information is not saved. This is to protect your privacy. But this means that any information you enter will be lost when you navigate to a new page or close your browser window. Be sure to complete each section and create a text version before moving on to the next section.

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.)

These instructions don't appear in your text file.

Including clauses

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.)

1Sample clause: This affidavit is a final affidavit.
Include
Don't include

For some clauses, you may need to enter additional information. The instructions will clarify what you need to do.

Each clause is numbered to make it easier to use as you go through the sections. However, these numbers do not appear in your text file. You'll have to enter those numbers yourself (see below).

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.

2
Include
Don't include

Including exhibits

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.

3

Attached as Exhibit are copies of

Include
Don't include

Creating a text file

  1. 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.
  2. Copy and paste the text from the browser into your word processor (such as Microsoft Word).
  3. 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.
  4. 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.
Remember as you go through the guide that you can always edit the content in your text file later. So don't worry if you're waiting for additional information, can't remember something right now, make a mistake, or if something changes.