Tips for Writing Affidavits
What Is an Affidavit?
An affidavit is a written statement of facts that you swear or affirm to be true. In family law, affidavits provide the judge with your version of events, evidence, and supporting details.
Why Are Affidavits Important?
In family law proceedings in the Supreme Court of B.C., judges rely primarily on affidavits to understand the facts of the case—especially in chambers applications where there may be no live testimony. A well-written affidavit can strengthen your position by presenting your evidence in a clear, credible, and organized way.
An affidavit is not simply a chance to tell your story however. It must also comply with court rules and focus only on facts that are relevant to the legal issue being decided. As your lawyer I will work with you to refine your affidavit so that it is both legally compliant and strategically effective. By preparing a thoughtful first draft, you can give a strong foundation to work with and ensure your voice is clearly represented in your case.
Helpful Tips When Preparing Your First Draft
Do’s (What to Do)
Keep it factual and grounded in first-hand experience.
Use only what you know personally. You should have direct knowledge of the facts you include (e.g., what you saw, heard, did, or said).
Write in first person (using “I”) and in your own words.
Identify the source of your information if certain facts are not within your personal knowledge.
Be specific.
Give dates, times, and details about specific incidents.
e.g., “On June 1, 2023, I picked up the children from school” is more useful than “I often pick up the children.”
Stay focused on what matters—be relevant.
As your lawyer, I will review with you the legal test or factors that the judge will consider when deciding your case.
Your evidence should always help prove an important fact or issue in your case.
Don’t ramble or include unrelated details.
Keep a neutral tone.
Judges value affidavits that are calm, clear, and fact-based rather than emotional or argumentative.
Write in numbered paragraphs.
Discuss only one fact, topic, or issue in each paragraph.
Write in clear and simple sentences and use plain language.
Don’ts (What to Avoid)
Don’t make opinions or speculate.
Stick to objective, verifiable details. For example:
Yes: “When she arrived, she smelled strongly of alcohol and was slurring her words.”
No: “She was drinking before she arrived at the house.”
Don’t argue.
Yes: “They’re three months behind in their child support payments. They see the children three times during the week and every other weekend.”
No: “It’s unfair that they get to see the kids even though they’re behind in their child support payments.”
Avoid emotional and/or inflammatory language.
If you had an emotional reaction to something that happened, explain how and why you felt that way. Don’t use disrespectful language. For example:
Yes: “His new boyfriend has stayed at the house overnight while my child was there. I was not happy about this because I have never met the boyfriend.”
No: “I was shocked to discover his new boyfriend had stayed overnight. He seems to love dating more than his child.”
Avoid hearsay—unless absolutely necessary and cited correctly.
Hearsay is when you include something in your evidence that you didn’t witness or experience yourself, but instead heard or learned from someone else.
e.g., “My neighbour told me she saw him…” instead of “I saw him…”
Hearsay is generally not allowed, however, there are exceptions to this rule. For example, if it is important for considering the best interests of the child, or in certain cases, if you clearly identify and cite the source of the information.
