5 Tips on How to Do Your Family Law Affidavit in BC - Zukerman Law

5 Tips on How to Do Your Family Law Affidavit in BC

The world of family law can be complicated, and affidavits often play a key role in presenting your case. These sworn statements serve as evidence for the court, significantly impacting the judge’s decisions. However, crafting a compelling affidavit requires more than just stating your side of the story.
This blog post delves into useful tips from highly experienced family lawyers to help you structure a powerful affidavit in your case. By following these insights, you can ensure your affidavit clearly presents the facts, strengthens your position, and effectively communicates your needs to the court.

Essential Tips for Writing Family Law Affidavits

Essential Tips for Writing Family Law Affidavits

Affidavits are cornerstone evidence in family law cases. These sworn statements detail your perspective and can significantly influence the court’s decisions. But crafting a compelling affidavit requires high attention to detail. Here, Zukerman Law’s highly experienced lawyers share valuable tips to ensure your affidavit clearly presents the facts and strengthens your position.

Tip #1: Maintaining Objectivity

  • Focus on Facts, Not Opinions: Avoid stating opinions or conclusions, even if based on facts. Instead of “She seemed drunk,” write “Her speech was slurred, and her breath smelled of alcohol.”
  • Express Emotions Objectively: If something triggered an emotional response, explain the cause and effect without negativity. For instance, “I felt frustrated because our prior agreement specified overnights only with someone I’d met” is better than “He’s irresponsible, letting some stranger stay with our child!”

Tip #2: Sticking to Knowns

Report What You Witnessed. Don’t speculate about someone’s thoughts or feelings. “She appeared tearful when picking up the children” is better than “She’s clearly emotionally unstable.”

Tip #3: Accuracy and Organization

  • Provide Specifics: Include dates, times, and amounts whenever possible. Estimate if exact details are still being determined.
  • Structure for Clarity: Organize your affidavit logically. Use headings, subheadings, and numbered paragraphs for a reader-friendly format.

Tip #4: Maintaining Focus

  • Conciseness is Key: Affidavits typically have a 25-page limit. Focus on including only relevant information that directly supports your case.
  • Relevance Matters: Consider what background details provide context and which facts directly address the legal issues at hand.

Tip #5: Swearing the Affidavit

While seemingly straightforward, properly swearing your affidavit holds significant importance. Here’s what you need to know:

  • Understanding the Oath: When you swear an affidavit, you’re essentially vowing that the contents are true and accurate. Providing false information in a sworn statement constitutes perjury, a serious offence with legal consequences.
  • The Importance of a Commissioner: Your affidavit must be sworn before a Commissioner of Oaths or other authorized individual. This official verifies your identity, administers the oath, and signs the affidavit, ensuring its authenticity.
  • Finding a Commissioner: Commissioners of Oaths are typically found at courthouses, government offices, banks, and some lawyer’s offices. A simple online search can help you locate a Commissioner in your area.

Navigating the intricacies of family law can be overwhelming, especially when crafting affidavits. While these tips empower you to write a clear and concise affidavit, legal complexities may still arise. For guidance tailored to your specific situation and to ensure your affidavit effectively represents your interests, consider consulting with the highly experienced family law team at Zukerman Law in Surrey, BC. Our lawyers possess the in-depth knowledge and compassion needed to help you navigate family law matters with confidence.

How much does an affidavit cost in BC?

How much does an affidavit cost in BC?

The cost associated with affidavits in BC depends on where you get it notarized. Expect to pay around $80, though this can vary slightly due to taxes. This covers the notary’s service and includes one exhibit. If your affidavit requires additional exhibits attached as proof (like photos, documents, etc.), there will likely be a small fee per exhibit. Remember, this cost is separate from any legal fees you may incur if you involve a lawyer in drafting your affidavit.

Bottom Line

While navigating family law can be complex, crafting a powerful affidavit doesn’t have to be. By following these essential tips from Zukerman Law’s skilled family lawyers, you can ensure your affidavit clearly presents the facts, strengthens your position, and effectively communicates your needs to the court.
Contact Zukerman Law today to schedule a consultation and discuss how we can support you.

author

Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.