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Financial Affidavit for Australia

Financial Affidavit Template for Australia

A Financial Affidavit is a sworn legal document used in Australian jurisdictions that provides a comprehensive declaration of an individual's complete financial position. It requires detailed disclosure of assets, liabilities, income, and expenses, supported by documentary evidence. The document must comply with Australian federal and state legislation, particularly the Family Law Act 1975 and relevant court rules. It serves as a formal statement of financial circumstances that can be relied upon in legal proceedings, with serious consequences for false or misleading declarations.

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What is a Financial Affidavit?

A Financial Affidavit is a crucial legal document in the Australian legal system, primarily used in family law proceedings, bankruptcy cases, financial disputes, and other legal matters requiring detailed financial disclosure. The document must be prepared in accordance with Australian federal and state legislation, particularly adhering to the requirements of the Family Law Act 1975 and relevant court rules. It contains detailed information about assets, liabilities, income, and expenses, supported by documentary evidence such as bank statements, tax returns, and property valuations. The affidavit must be sworn or affirmed before an authorized witness, and making false statements can result in serious legal consequences. This document serves as a foundation for financial transparency in legal proceedings and is often required by courts to make informed decisions about financial matters.

What sections should be included in a Financial Affidavit?

1. Personal Information: Deponent's full name, address, occupation, and relationship to the relevant proceedings

2. Declaration of Truth: Formal statement confirming the truth of the contents and understanding of legal obligations

3. Employment Information: Current employment status, employer details, position, and length of employment

4. Income Details: Comprehensive breakdown of all sources of income including salary, investments, rentals, and government benefits

5. Regular Expenses: Detailed list of all regular expenses including household, medical, transport, and insurance costs

6. Assets: Complete list of all assets owned including real estate, vehicles, bank accounts, investments, and personal property

7. Liabilities: All debts and financial obligations including mortgages, loans, credit cards, and other financial commitments

8. Financial History: Overview of significant financial changes in the past 12 months

9. Bank Account Details: List of all bank accounts, current balances, and account statements

10. Verification Statement: Final declaration confirming all information is true and correct to the best of knowledge

What sections are optional to include in a Financial Affidavit?

1. Business Interests: Details of any business ownership or interests, including financial statements and valuations

2. Trust Interests: Information about any trust relationships where the deponent is a trustee or beneficiary

3. Pending Legal Proceedings: Details of any other legal proceedings that may affect financial position

4. Dependent Support: Information about financial support provided to dependents

5. Future Financial Commitments: Known future financial obligations or expected significant changes in financial position

6. Cryptocurrency Holdings: Details of any cryptocurrency or digital asset holdings

7. Overseas Assets: Declaration of any assets held outside Australia

What schedules should be included in a Financial Affidavit?

1. Schedule A - Bank Statements: Last 6-12 months of statements for all bank accounts

2. Schedule B - Pay Slips: Recent pay slips or payment summaries for all employment income

3. Schedule C - Tax Returns: Last two years' tax returns and assessments

4. Schedule D - Property Valuations: Recent valuations for real estate and significant assets

5. Schedule E - Investment Statements: Statements for all investment accounts and shareholdings

6. Schedule F - Loan Documents: Current loan statements and credit card statements

7. Schedule G - Business Documents: Business financial statements and tax returns if applicable

8. Appendix 1 - Supporting Documents: Additional documentation supporting unusual or complex financial arrangements

9. Appendix 2 - Asset Register: Detailed listing of all significant personal property and assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions



































Clauses

























Relevant Industries

Legal Services

Financial Services

Banking

Accounting

Government and Public Sector

Family Law

Corporate Law

Wealth Management

Real Estate

Insurance

Relevant Teams

Legal

Finance

Compliance

Corporate Services

Family Law

Litigation

Risk Management

Client Services

Documentation

Advisory Services

Relevant Roles

Lawyer

Legal Associate

Paralegal

Financial Advisor

Accountant

Court Registrar

Family Law Specialist

Bankruptcy Trustee

Legal Secretary

Financial Controller

Wealth Manager

Corporate Counsel

Justice of the Peace

Commissioner for Declarations

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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