An Affidavit of Common Law Marriage is a crucial legal document in the Australian legal system, though it's important to note that in Australia, these relationships are formally recognized as 'de facto relationships' rather than common law marriages. This document is typically used when couples need to formally establish their relationship status for legal, financial, or administrative purposes. It's commonly required for matters involving property rights, insurance benefits, superannuation, immigration applications, or medical decision-making authority. The affidavit must comply with the Family Law Act 1975 and relevant state/territory legislation, requiring detailed information about the relationship's nature, duration, and characteristics. It must be sworn or affirmed before authorized witnesses such as a Justice of the Peace or Commissioner for Declarations, making it a legally binding document that can be used as evidence of the relationship's existence and legitimacy.
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1. Title and Introduction: Formal title of the document and introductory statement identifying the deponent(s) making the affidavit
2. Personal Details: Full legal names, dates of birth, current addresses, and occupations of both parties
3. Relationship Declaration: Statement of the existence of a genuine de facto relationship, including the start date and current status
4. Living Arrangements: Details of shared residence, including addresses and dates of cohabitation
5. Financial Integration: Description of shared financial responsibilities, joint accounts, and mutual financial support
6. Social Recognition: Evidence of the public nature of the relationship, including social, family, and community recognition
7. Mutual Commitment: Description of the mutual commitment to a shared life and long-term nature of the relationship
8. Statutory Declaration: Formal declaration of truth of the statements made in the affidavit
9. Execution Block: Space for signatures, dates, and witness details
1. Children of the Relationship: Details of any children from the relationship or children being cared for jointly - include when there are children involved
2. Previous Marriages/Relationships: Information about any previous marriages or significant relationships - include if either party has been married before
3. Cultural or Religious Aspects: Description of any cultural or religious ceremonies or recognition - include for relationships with significant cultural/religious elements
4. Property Ownership: Details of jointly owned property or shared assets - include when there is significant shared property
5. Immigration Status: Details relevant to immigration status - include when one party is not an Australian citizen/permanent resident
6. Power of Attorney/Medical Decisions: Information about legal authority to make decisions - include when such arrangements exist
1. Schedule A - Proof of Cohabitation: Copies of lease agreements, utility bills, or other documents proving shared residence
2. Schedule B - Financial Documents: Evidence of joint accounts, shared expenses, or financial interdependence
3. Schedule C - Social Evidence: Photographs, correspondence, social media records showing relationship history
4. Schedule D - Statutory Declarations from Witnesses: Supporting declarations from family members, friends, or professionals who can attest to the relationship
5. Schedule E - Government Documents: Copies of any government documents listing the parties as de facto partners
6. Appendix 1 - Timeline of Relationship: Chronological listing of significant dates and events in the relationship
7. Appendix 2 - Asset Schedule: Detailed listing of shared assets and financial responsibilities
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