An Affidavit for Divorce is a crucial document in New Zealand's divorce proceedings, required when applying for a dissolution of marriage through the Family Court. This sworn statement must be prepared in accordance with the Family Proceedings Act 1980 and Family Court Rules 2002, providing evidence to support the divorce application. The affidavit must verify that the parties have lived apart for two years and that the marriage has broken down irrevocably. It typically includes details about the marriage, separation date, arrangements for children (if any), and confirmation that there is no reasonable likelihood of reconciliation. The document must be sworn or affirmed before an authorized person and forms part of the formal court record.
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1. Title and Court Information: Identifies the court, proceeding number, and parties involved
2. Deponent Details: Full legal name, occupation, and residential address of the person making the affidavit
3. Marriage Details: Date and place of marriage, including details from marriage certificate
4. Separation Information: Date of separation and confirmation that parties have lived apart for two years
5. Grounds for Divorce: Confirmation that marriage has broken down irrevocably with no reasonable likelihood of resumption
6. Service Details: Information about how the application will be served on the respondent
7. Jurat: Formal closing section including date, location of signing, and signature block for deponent and authorized person
1. Children of Marriage: Details of any children of the marriage, including arrangements for their care (required if there are children)
2. Counselling Attempts: Information about any attempts at reconciliation or counselling (if applicable)
3. Domestic Violence: Details of any domestic violence orders or incidents (if relevant)
4. Property Matters: Brief overview of property division status or agreements (if relevant)
5. Previous Court Orders: Details of any existing court orders relating to the marriage or children (if applicable)
6. Cultural Considerations: Any relevant cultural or religious factors affecting the divorce (if applicable)
1. Marriage Certificate: Certified copy of the marriage certificate
2. Separation Evidence: Documents supporting the claim of two years' separation (e.g., lease agreements, utility bills)
3. Service Documents: Proof of service of divorce application on respondent
4. Court Orders: Copies of any relevant existing court orders
5. Correspondence: Relevant correspondence between parties regarding separation
6. Supporting Affidavits: Any additional affidavits from witnesses confirming separation period
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