8.8 Affidavit Checklist

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These guidelines set out what information to include, depending on the reason you are writing an affidavit. Use them to help you write a complete affidavit.

 

Proper Format

Used simple, ordinary language
Organized in an easy to follow way
Numbered paragraphs
There is only one issue per paragraph
I kept it short and simple
Included only relevant facts
All facts are within my personal knowledge and I believe them to be true
Documents are attached as exhibits

 

Order Specific Guide

1.Interim Support

 

Applicant

Age
Education, training, special skills and expertise
Employment history and prospects of employment
Health status, history of medical and mental health
Statements of income and expenses, documentation of income from employer, pension plan, etc. 
Statement of present expenses and any projected expenses
Statement of expenses necessary to care for any children, including daycare and health care expenses
Description of respondent spouse's income and assets
Description of spending habits of spouses if relevant (i.e. number of cars, nature of restaurants and bars frequented, shopping habits, travel, etc.)

 

Children

Ages and names of children
Grades attending and names of schools
Description of special expenses for schooling, recreation or health, showing past standards or reasons for needs

 

2. Interim Care of Children

Full name and birthdates of children
Special health or education problems of children
The names of children's schools and proximity to parent's homes
Parents' respective roles in day-to-day care and parenting of children(i.e. feeding, cleaning, assistance with school work, discipline, etc.)
Parents' respective involvement in children's care outside the home (i.e. school activities, extracurricular activities, medical and dental cares, etc.)
Hours of work of the respective parent
Regular time of parents away from home and children when not at work (i.e. evening recreation, sports activities, social engagements, etc.)
Relationship of each child to each other and to each parent
Description of any relevant behavioural, medical, or psychological issues which materially impacts a parent's capacity to care for the children
Description of any relevant civil and criminal litigation relating to the safety and wellbeing of the children 
Append medical or education records that give insight into which spouse should be preferred 

 

3. Exclusive Occupancy of Residence

Description of dwelling
Location to children's schools 
Description of why it's impossible to continue to cohabit
Any revelant history of drug or alcohol abuse
Any relevant history of violence or threats of violence between parties, and other forms of mental or emotional abuse
Description of any relevant involvement of other spouse with criminal justice system 
Alternate accommodation available to other spouse 
Why balance of convenience favours applicant remaining in house despite inconvenience to other spouse 

 

4. Restraining Entry

Description of dwelling
Description of why it's impossible to cohabit
Any relevant history of drug or alcohol abuse
Any relevant history of violence or threats of violence between parties, and otehr forms of mental or emotional abuse
Description of any relevant involvement of other spouse with criminal justice system 
Alternate accommodation available to other spouse 

 

5. Exclusive Use of Chattels

Identified the chattels at issue clearly (e.g. licence and registration numbers) 
History of use before the separation (e.g. pattern of use of each party)
State reason that the applicant spouse needs exclusive use of the chattel now 
List any similar chattels that are available to the defendant spouse in lieu of chattels at issue 

 

6. Restraining Use, Disposition, Encumbrance of Property

Identify the assets clearly (e.g. licence and registration numbers)
The present location of assets
History of use before the application
Legal ownership or title
Actions or statements of other spouse indicating that he or she might dispose of assets
Reasons why the assets are to be considered family property or are at issue in proceeding 
Description of any physical or monetary contribution to the the acquisition, preservation, or maintenance of the assets by the applicant
Fear that assets would be disposed of and not be replaced or that sufficient funds are not available from other assets to compensate if encumbered or sold 

 

7. Severance of Joint Tenancy

Legal or civil description of real property in question
Manner in which tenancy held, including full names of owners
Why the joint tenancy ought to be severed

 

8. Interim Application for Production of Documents

When the notice or demand was served
The acknowledgement, if any, of service
Dates of subsequent demands and the responses, if any, with supporting copies of letters sent and received 
Description of documents sought and explanation of relevance to case 

 

9. Interim Applications to Inspect Property

State grounds for inspection
Dates when inspection sought 
If not counsel, who will be conducting the examination
If entry upon lands or premises is necessary, state who is in posession and describe rebuffed requests for entry, with supporting copies of letters sent and received 

 

10. Interim Applications to Preserve Property

State grounds of need for preservation
Name of proposed trustee or custodian and the cost, if any, of preservation 
If entry upon lands or premises is necessary, state who is in posession and describe rebuffed requests for entry, with supporting copies of letters sent and received 
Describe consequences if property is not preserved 

 

 

https://www.howtoseparate.ca/8-court-forms/87-formatting-affidavits
https://www.howtoseparate.ca/8-court-forms/89-affidavit-activity
8.8 Affidavit Checklist