- An affidavit is your sworn written evidence, so it should stick to what you know first-hand.
- In the Supreme Court, a supporting affidavit cannot be served unless a judicial case conference has been held.
- Proof of personal service is itself given by affidavit in Form F15.
Many family law steps in British Columbia depend on written evidence given under oath. If you have been told to prepare an affidavit, it can feel like a legal test. It is really just your account, set out clearly and truthfully.
This article explains how affidavits are generally organized, what tends to help or hurt, and how swearing works in broad terms. Court forms and local requirements can change, so confirm details with the registry or a lawyer.
This article covers the law of British Columbia.
What an affidavit is and when you need one
An affidavit is a written statement of facts that you swear or affirm is true. A judge may rely on it as evidence, so accuracy matters more than style.
Affidavits show up at several points. In the Supreme Court, proof of personal service of a notice of family claim is given by an affidavit of personal service in Form F15. A party must not serve a notice of application or supporting affidavit unless a judicial case conference has been held. Check this timing before you spend time drafting.
How to organize it
How this applies depends on your situation, so it is worth confirming with a lawyer or the court registry about the format that fits your case. Whatever the layout, a clear structure helps the reader.
- Begin by stating who you are and your connection to the case.
- Use short numbered paragraphs, each covering one fact.
- Keep events in date order.
- Say how you know each fact: you saw it, heard it, or did it.
- Refer to documents you attach, such as messages or records, and label them clearly.
- End with a signature block ready for the person who will commission it.
What to include and what to leave out
Stick to facts that bear on the issue the court must decide. If the issue is parenting, the court must consider only the best interests of the child, including health and emotional well-being, views, relationships, history of care, need for stability, and the effect of family violence. Facts about those topics are more useful than complaints about your ex.
If money is at issue, remember that the Supreme Court has separate financial disclosure requirements. Form F8 and income documents are required in certain cases, such as child support where income information is required. How a financial statement fits with your affidavit depends on your situation, so it is worth confirming with a lawyer.
| Include | Leave out |
|---|---|
| Facts you saw, heard or did yourself | Guesses about what your ex was thinking |
| Dates, places and clear events | Insults, name-calling and anger |
| Attached documents that back you up | Long arguments about who is to blame |
| Child-focused facts | Your opinion on the law |
Swearing or affirming it
The steps for finishing your affidavit depend on your situation, so it is worth confirming with a lawyer before you rely on it. Check the requirements for signing before you put your name on it. A lawyer or the court registry can confirm who may commission your affidavit and what is required.
Read the whole document again before you swear it. If anything is wrong, fix it first. Swearing something you know is untrue is serious.
What to do next
- Confirm what stage your case is at and whether an affidavit is needed now.
- Gather your documents and write a rough list of facts in date order.
- Draft in numbered paragraphs and attach labelled documents.
- Remove opinions, insults and guesses.
- Have a lawyer review it if you can, then swear it before an authorized person.
A Family Justice Counsellor can offer legal information and referrals at no cost.
Frequently asked questions
Do I need a lawyer to write my affidavit?
You are not required by this article's information to have one, but a lawyer can check that your affidavit is relevant and properly organized. Confirm the current requirements with the court registry.
Can I serve my affidavit right away in the Supreme Court?
Not always. Unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit.
What is an affidavit of personal service?
It is the document that proves a notice of family claim was personally served. In the Supreme Court, it is filed in Form F15.
Should I attach messages or documents?
Documents that support your facts are usually attached and clearly labelled. Ask a lawyer or the registry how to attach and refer to them properly.
Sources
- Family Law Act, s.37 (BC Laws) — bclaws.gov.bc.ca
- Supreme Court Family Rules, Rules 6-3, 6-6 — bclaws.gov.bc.ca
- gov.bc.ca – Family Justice Centre services — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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