I have noticed some posts about the four-step process in the forums and thought that this might be the time to show how to do a brief affidavit that relates to financial matters only.
The idea is to present the information in an easy-to-read format that makes life easy for the judge.
Please note that this is an example only.
1. I am the Applicant / Respondent father in these proceedings and I set out the following background facts:
Mother: Mary Brown, nee Van der Merwe, born 21 June 1976 in Cape Town, South Africa
Father: John Brown born 25 August 1974 in Sheffield, United Kingdom
Relationship Commenced: 21 August 1996 in Australia
Marriage: 23 May 1998 in Cape Town, South Africa
Separated: 14 February 2014
Divorced: 21 April 2017
Children: Janette Anne Brown born 12 May 2000 now aged 17 years
Paul Adriaan Brown born 19 September 2007 now aged 10 years
As you can see, the main information is easy to read. Already the judge is forming a picture of you and what some of the issues could be.
The next paragraphs will cover any response you are making to allegations made in the mother’s Affidavit. It is always a good idea to put these responses immediately after paragraph 1.
Responses to allegations made by the mother in her Affidavit filed 12 January 2018
2. In paragraph 2 the mother alleges that I took $5,000 from our joint bank account for my own use. I deny taking $5,000 for my own use. I transferred $5,000 to the ATO for back taxes that we both owed.
Annexed hereto and marked with the letter ‘A’ is a printed copy of the transfer from our joint bank account to the ATO’s bank account.
3. In paragraph 6 the mother alleges that I have a bank account in the UK. I deny having a bank account in the UK.
4. Give details of further responses
The Asset Pool
5. I have $550,000 in my QANTAS super fund. The mother has $71,000 in ABC super fund and $3,500 in a Sun super fund.
6. The former matrimonial home is worth $750,000 and we have a mortgage with the Commonwealth Bank for $150,000.
7. I own a 2014 Ford Territory worth approximately $11,000 and the mother owns a 2010 Holden Commodore Wagon worth approximately $7,000.
8. I have shares in QANTAS worth approximately $6,500. The mother has Woolworth shares worth approximately $1,000.
9. The mother has shares in De Beers in South Africa. I do not know how many or what they are worth.
10. I owe $3,500 on my St George credit card.
11. I put $5,000 into the trust account of my lawyer to pay my legal fees.
Note: you need to include anything of value. This includes artwork, collections and family trusts.
12. When our relationship commenced, I owned a Ford Falcon V8 worth approximately $10,000 and I had $4,000 in savings. The mother had no assets.
13. The mother’s parents paid for our wedding in South Africa. The wedding cost R15,000 which was then $3,500.
14. My parents gave me/us a gift of $5,000 towards our deposit for a home.
Annexed hereto and marked with the letter ‘B’ is a printed copy of the transfer from my parents’ bank account into my bank account.
15. My brother-in-law, Jaap van der Merwe paid for our honeymoon. It cost R5,000 which was then $1,200.
Contributions during the relationship
16. When our first child Janette was born, the mother bathed, clothed, fed and cared for her during the daytime. When I came home from work, I would help feed Janette by mixing the baby formula and warming up the bottles. I would then help bathe Janette and help get her dressed.
17. My wife did most of the feeding as she was reluctant to let me feed Janette. When I was allowed to feed Janette, I really enjoyed it as I felt that it created a special bond with Janette.
18. I repainted the matrimonial home when we moved in and I also made running repairs to the house. I also looked after the garden and grew vegetables in the garden for us to eat.
Note: you need to include taking the children to their sports activities, any time spent with them at the weekends, attending school events, helping with school lessons and taking them to the doctors or hospital.
Tip: make sure you know the names of your children’s teacher and doctor. If you can, include their names in your affidavit. It shows that you know who they are and will help you remember their name.
Financial Contributions during the relationship
19. When I met the mother, I was working for QANTAS as an engineer. I was earning $55,000 p.a. The mother was working for South African Airlines at Sydney airport. She was earning $36,000 p.a.
20. When we separated, I was still working for QANTAS as an engineer, but I was then earning $120,000 p.a. I still work for QANTAS and earn 125,000 p.a. now.
21. The mother stopped working 6 months before Janette was born. At the time she was earning $32,000 p.a. The mother did not go back to work until 2013.
22. In 2013 the mother commenced working part-time for Woolworths. She works 20 hours per week and earns $17,000 p.a.
Future Needs Section 75(2) Factors
23. The mother is in good health and never suffered any health issues during our relationship.
24. I have had problems with my back and knees due to the constant bending and crawling while repairing aircraft. In 2009, I had an operation on my back due to the disks being compressed. In 2015, I had an operation on my knee,
Annexed hereto and marked with the letter ‘C’ is a copy of my operations report.
Note: This could be very important when dealing with the CSA and earning capacity. I will deal with this in another blog.
25. The mother has a degree in business studies from the University of Stellenbosch, South Africa and can speak fluent Afrikaans, Dutch and German.
26. I have a diploma in aviation engineering that I earned during my QANTAS apprenticeship and I can speak Croatian, but it is not fluent.
27. I am seeking shared parental responsibility and orders that give me 6 out of 14 days.
Just and equitable
28. The mother’s uncle is very ill with cancer and has indicated to the mother that he will leave her R1,000.000 in his will. This is $300,000.
Remember, this is just a guide to give you an idea of what you need to cover and which format it should be in.
Sample Affidavit for Financial Matters
- 411 views