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Affidavit Of Assets for Australia

Affidavit Of Assets Template for Australia

An Affidavit of Assets is a formal sworn document used in the Australian legal system that provides a comprehensive declaration of an individual's financial position and asset holdings. This legal instrument, governed by both federal and state legislation, requires the deponent to provide detailed information about their real estate, financial accounts, investments, personal property, and liabilities. The document must be sworn or affirmed before an authorized witness and complies with the Evidence Act 1995 (Cth) and relevant state-specific legislation. It serves as a crucial tool in various legal proceedings, including family law matters, bankruptcy proceedings, and other situations requiring full financial disclosure.

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What is a Affidavit Of Assets?

The Affidavit of Assets is a critical legal document within the Australian jurisdiction that serves as a formal declaration of an individual's complete financial position. This sworn statement is required in various legal contexts, including family law proceedings, bankruptcy cases, estate matters, and other situations where comprehensive asset disclosure is necessary. The document must detail all assets, liabilities, and financial interests of the deponent, including real estate, bank accounts, investments, personal property, and business interests. The affidavit must be sworn or affirmed before an authorized witness, typically a Justice of the Peace or legal practitioner, and carries serious legal consequences for false declarations. It plays a vital role in ensuring transparency and facilitating informed decision-making in legal proceedings where financial matters are relevant.

What sections should be included in a Affidavit Of Assets?

1. Deponent Details: Full legal name, occupation, and residential address of the person making the affidavit

2. Purpose Declaration: Statement explaining the purpose for which the affidavit is being made

3. Real Estate: Details of all real property owned wholly or partially, including addresses, title references, and estimated market values

4. Bank Accounts: List of all bank accounts, including account numbers, financial institutions, current balances, and account holders

5. Vehicles and Vessels: Details of all motor vehicles, boats, and other transport vessels owned, including registration numbers and estimated values

6. Personal Effects: List of valuable personal items including jewelry, artwork, collections, and other significant personal property

7. Investments: Details of shares, bonds, mutual funds, and other financial investments

8. Superannuation: Information about all superannuation accounts and their current balances

9. Liabilities: List of all debts, loans, mortgages, and other financial obligations

10. Declaration of Truth: Formal declaration that the information provided is true and correct to the best of the deponent's knowledge

What sections are optional to include in a Affidavit Of Assets?

1. Business Interests: Details of any business ownership, partnerships, or company shareholdings - included when the deponent has business interests

2. Trust Interests: Information about any trusts where the deponent is a trustee or beneficiary - included when trust arrangements exist

3. Overseas Assets: Details of any assets held outside Australia - included when foreign assets exist

4. Pending Transactions: Information about any incomplete property or business transactions - included when relevant pending deals exist

5. Insurance Policies: Details of life insurance or other significant insurance policies - included when policies have substantial value

6. Cryptocurrency Holdings: Information about digital currency holdings - included when the deponent owns cryptocurrency

7. Intellectual Property: Details of patents, trademarks, or other intellectual property - included when IP assets exist

What schedules should be included in a Affidavit Of Assets?

1. Schedule A - Property Valuations: Professional valuations of real estate and significant assets

2. Schedule B - Bank Statements: Recent statements for all bank accounts listed in the affidavit

3. Schedule C - Vehicle Registration Documents: Copies of registration papers for all vehicles listed

4. Schedule D - Investment Certificates: Share certificates, investment statements, and related documentation

5. Schedule E - Business Financial Statements: Recent financial statements for any business interests

6. Schedule F - Property Title Documents: Copies of property titles or similar ownership documentation

7. Schedule G - Loan Documentation: Copies of loan agreements and current statements for all liabilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses





















Relevant Industries

Legal Services

Financial Services

Banking

Real Estate

Insolvency & Bankruptcy

Family Law

Property Development

Wealth Management

Professional Services

Court Services

Relevant Teams

Legal

Litigation

Family Law

Property Law

Bankruptcy & Insolvency

Dispute Resolution

Compliance

Document Processing

Client Services

Risk Management

Relevant Roles

Lawyer

Solicitor

Legal Associate

Paralegal

Family Law Specialist

Bankruptcy Trustee

Financial Advisor

Estate Planning Lawyer

Property Lawyer

Legal Secretary

Court Registrar

Justice of the Peace

Conveyancer

Insolvency Practitioner

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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