Affidavit of eFiling Divorce: 6-Point Comprehensive Guide

Affidavit of eFiling Divorce

If you are filing for divorce in Australia, you may be required to submit an affidavit of eFiling divorce as part of your application.

This legal document provides sworn evidence to support your claims, especially if there are issues like service difficulties, missing documents, or unique circumstances that need explanation.

Understanding how to prepare and submit this affidavit correctly can help ensure your divorce process runs smoothly.

1 – What is an Affidavit of eFiling Divorce?

An affidavit of eFiling divorce is a written statement that confirms facts relevant to your divorce application. It’s typically required when there are complexities in your case, such as:

• You’re unable to locate your spouse for service.
• There’s missing documentation or information that needs to be explained.
• You need to provide further evidence about your relationship, separation, or other circumstances.

This affidavit must be sworn or affirmed before an authorised witness, such as a Justice of the Peace (JP) or a solicitor.

Key Takeaway: An affidavit of eFiling divorce supports your application by providing sworn evidence to address complications or special circumstances in your case.

2 – When Do You Need an Affidavit of eFiling Divorce?

You may need to provide an affidavit if:

• Your spouse’s whereabouts are unknown: If you cannot serve divorce papers personally, an affidavit explaining your attempts to locate your spouse will be required.
• You require substituted service or dispensation of service: If traditional service isn’t possible, your affidavit must detail the alternative methods you propose or why you believe service should be waived.
• Clarification of documents: If your application is incomplete or missing key details, an affidavit can explain why.
• Other exceptional circumstances: If there are unique factors in your case (e.g. safety concerns, urgent proceedings), an affidavit may be needed.

Key Takeaway: If your divorce case involves unusual circumstances, an affidavit can clarify and provide the evidence needed to support your application.

3 – How to Prepare an Affidavit of eFiling Divorce

Writing your affidavit requires clear, factual language. Follow these steps to create a well-structured affidavit:

1. Title and Introduction: Begin with the heading “Affidavit of [Your Full Name]” and state your relationship to the divorce proceedings.
2. Identify the Purpose: Clearly explain why you are filing the affidavit (e.g. explaining service attempts or missing information).
3. Present the Facts: Use numbered paragraphs for clarity. Each paragraph should cover one key point or fact.
4. Include Evidence: If you’re referencing documents, phone logs, or messages, attach these as exhibits and reference them in your affidavit.
5. Swearing or Affirming: Sign the affidavit in front of an authorised witness such as a JP or solicitor.

Key Takeaway: Writing your affidavit clearly, with evidence to support your claims, will improve its effectiveness in addressing concerns about your divorce application.

4 – How to File Your Affidavit of eFiling Divorce

Once your affidavit is prepared and signed, follow these steps to submit it via the Commonwealth Courts Portal:

1. Log in to the Portal: Access the Commonwealth Courts Portal and log in to your account.
2. Locate Your Case: Find your divorce case under “Existing Files.”
3. Upload Your Affidavit: Select the option to upload further documents, choose “Affidavit” from the document list, and attach your file.
4. Submit and Confirm: Review your submission and confirm that the affidavit has been successfully uploaded.

Key Takeaway: Using the Commonwealth Courts Portal ensures your affidavit is securely submitted and linked to your divorce case.

5 – Common Mistakes to Avoid in Your Affidavit

To avoid delays or rejections, be mindful of these common errors:

• Incomplete Information: Ensure all facts are presented clearly. Missing details can lead to questions from the court.
• Unclear Language: Avoid emotional language or opinions. Stick to facts and use simple, straightforward language.
• Lack of Evidence: Supporting documents are critical. Always attach relevant exhibits and refer to them in your affidavit.
• Incorrect Format: Follow the Family Court’s formatting rules to avoid issues with your submission.

Key Takeaway: A well-structured, factual affidavit with clear evidence reduces the risk of delays in your divorce process.

6 – Tips for Writing a Strong Affidavit

To create a convincing affidavit that meets court requirements:

• Write in the first person using “I” statements to describe your experiences.
• Stay factual — avoid assumptions or opinions.
• Use numbered paragraphs and headings to improve readability.
• If you’re unsure about legal wording, consider seeking advice from a lawyer or a community legal service.

Preparing an affidavit of eFiling divorce can feel overwhelming, but taking the time to present clear, accurate information will support your divorce application. By understanding when an affidavit is needed, following the correct format, and ensuring it’s filed properly, you can confidently move forward with your divorce process.