Affidavit supporting the application

When you make an application for property and financial orders, you need to file an affidavit with the facts supporting your application.

The affidavit should set out the most important facts in support of the final orders. This includes relevant facts that enable the court to:

• assess the contributions made by each party and decide what percentage of the property each party should receive
• decide if adjustments to the property division are needed to ensure the settlement is fair and just, and make a clean break in the parties’ financial relationship, where practicable
• have an understanding of the issues the parties do not agree upon, and
• decide if any interim orders you have applied for are appropriate.

See the dividing property page for information on the principles the Court applies when deciding property and financial applications.

De facto relationships

The Court can only make orders if a de facto relationship meets certain criteria.

For the Court to be able to make the orders you have requested, the affidavit must establish that your relationship was a de facto relationship with a connection to Western Australia.

To establish an eligible relationship, your affidavit needs to show that:

• you lived in a de facto relationship with the other party for at least two years,
• you lived in a de facto relationship for less than 2 years, but there is a child of the relationship under 18 years old, and if orders are not made there would be serious injustice to the partner caring or responsible for the child, or
• you have lived in a de facto relationship for less than 2 years, but if orders are not made there would be serious injustice because of substantial financial, non-financial or homemaker/parent contributions you have made.

The Court will also consider whether there were any breaks in the relationship, and the length and extent of any breakdown in the relationship.

To establish your relationship is connected to Western Australia, your affidavit needs to show both:

• you or your former partner are residing in Western Australia on the day you make the application, and
• during the relationship:
  • both you and your partner resided in Western Australia for at least one third of the relationship, or
  • you or your partner made substantial financial, non-financial or homemaker/parent contributions to the relationship while residing in Western Australia.

The affidavit must also advise whether you or the other party has a spouse. If either party has a spouse, the party must give the spouse written notification of the application as soon as practicable after filing the application.

An application for property and financial orders following a de facto relationship must be made within two years of the relationship ending. See Section 205ZB(1) of the Family Court Act 1997.

Swearing the affidavit

Once you have completed the affidavit, it must be sworn by an authorised witness. See the affidavits page for more information.

Last updated: 1-May-2019

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