12 Comments Family & de facto law, financial agreements, consent orders
Is it necessary to include things in the post separation section if I am mentioning them again in the adjustments sought section? I understand it needs to be in chronological order, but am just wondering of the post separation timeline, and if important events need to be included there, even if they are being mentioned later in the affidavit. My affidavit is turning into a beast, and I am hoping to cut it down somewhat ...
Firstly, I'd advise the court of the delay and when you intend to submit in writing, copying the other party and ICL. If you're a little over its probably okay, for example, having to respond to detailed material.
Firstly, and you can do this later, you can I believe object to certain material n the other persons affidavit and ask it be struck out before the hearing.
But, generally, for example, you would say, 'in the applicant's affidavit of (date) at para XY they state the child had obviously been beaten and had a bruise on the arm, in fact the child fell at school and this caused the bruise as evidenced by the school record of the incident in annex Z.'.
Alternatively, you might say 'At para AB they state I shouted at them. This is not true.'
And you can add something to the effect where you do not comment it means you do not consider it relevant. So you don't need to go para by para yes or no.
This is what I did. I made a list of all the items I expected to annex like emails. Then as I went through the affidavit I referred to them. You do it as they come, starting with A and then after Z it goes AA etc. Each annex will need a separate cover sheet.
So if you are drafting I would label them A, B etc. but not bother with cover sheets until finished. In fact say an email is annex A then you have a cover sheet called A but also on the top of the email page you hand write "A". Obviously in draft you don't need that.