The Affidavit of Means is a fundamental legal document within the Canadian legal system, used when a detailed disclosure of financial circumstances is required by court or legal proceedings. This sworn statement is commonly utilized in family law cases for support calculations, bankruptcy proceedings for asset disclosure, and civil litigation where financial capacity is relevant. The document must be sworn before a Commissioner of Oaths or Notary Public and requires the deponent to provide comprehensive information about their financial situation, including income sources, regular expenses, asset ownership, and outstanding debts. It serves as a crucial tool for courts and relevant parties to assess an individual's financial capacity and make informed decisions in legal proceedings. The document must adhere to both federal and provincial requirements regarding sworn statements and financial disclosure.
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1. Opening Statement and Identification: Formal opening stating the deponent's name, occupation, and address, including the oath/affirmation statement
2. Personal Information: Details about marital status, dependents, and living arrangements
3. Employment and Income: Current employment status, employer details, income from all sources including salary, benefits, and additional income streams
4. Regular Monthly Expenses: Breakdown of all regular monthly expenses including housing, utilities, food, transportation, etc.
5. Assets: Comprehensive list of all assets including real estate, vehicles, bank accounts, investments, and personal property
6. Liabilities: Details of all debts and obligations including mortgages, loans, credit cards, and other financial commitments
7. Recent Financial Changes: Description of any significant changes in financial circumstances in the past 12 months
8. Declaration of Truth: Standard closing statement affirming the truth of the contents and understanding of the legal implications
1. Business Interests: Required if the deponent owns or has interests in any business enterprises, detailing ownership structure and value
2. Future Income Expectations: Needed when there are anticipated significant changes in income or employment
3. Support Payments: Required in family law cases, detailing any support payments being made or received
4. Medical Expenses: Necessary when there are significant ongoing medical expenses affecting financial status
5. Educational Expenses: Required when there are current or anticipated educational expenses for self or dependents
6. Bankruptcy History: Required in bankruptcy proceedings, detailing any previous bankruptcies or insolvency arrangements
1. Schedule A - Income Details: Detailed breakdown of all income sources with supporting documentation
2. Schedule B - Monthly Expenses: Itemized list of all monthly expenses with subcategories
3. Schedule C - Asset Inventory: Detailed list of all assets with current market values and supporting documentation
4. Schedule D - Debt Schedule: Comprehensive list of all debts with creditor details and payment terms
5. Schedule E - Bank Statements: Recent bank statements from all accounts for the past 3-6 months
6. Schedule F - Supporting Documents: Additional documentation including tax returns, pay stubs, property valuations, etc.
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