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Affidavit Of Non Cohabitation for Australia

Affidavit Of Non Cohabitation Template for Australia

An Affidavit of Non Cohabitation is a formal legal document used in Australian jurisdictions where a person declares under oath that they are not living together with a specific individual, typically a former partner or spouse. This document holds significant weight in legal proceedings and must comply with Australian federal and state legislation, particularly the Family Law Act 1975 and relevant state-specific statutory declaration requirements. It serves as evidence in various legal matters including family law proceedings, immigration cases, and financial arrangements where the living status of parties needs to be formally established.

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Affidavit Of Non Cohabitation

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What is a Affidavit Of Non Cohabitation?

The Affidavit of Non Cohabitation is a crucial legal document in Australian jurisdiction that serves as formal evidence of separate living arrangements between parties, typically former partners or spouses. This document is commonly required in various legal scenarios including family law proceedings, immigration applications, financial matters, and government benefit applications. The affidavit must be sworn or affirmed before an authorized witness and must comply with the requirements of the Family Law Act 1975 and relevant state legislation. It typically includes detailed information about the living arrangements, dates of separation, and may require supporting evidence such as utility bills or lease agreements. The document is particularly important in cases where proving non-cohabitation status is essential for legal or administrative purposes.

What sections should be included in a Affidavit Of Non Cohabitation?

1. Title and Court Details: Formal heading identifying the document as an Affidavit of Non Cohabitation and relevant court information if applicable

2. Deponent Information: Full legal name, occupation, and current residential address of the person making the affidavit

3. Relationship Background: Details about the relationship in question, including the identity of the other person and nature of past relationship

4. Living Arrangement Declaration: Clear statement of current living arrangements and confirmation of non-cohabitation

5. Period of Separation: Specific dates or timeframes during which the parties have not been cohabiting

6. Current Contact Status: Description of any current contact or communication between the parties

7. Verification of Truth: Formal declaration that the contents of the affidavit are true and correct

8. Execution Block: Space for signature, date, and witness details

What sections are optional to include in a Affidavit Of Non Cohabitation?

1. Child Arrangements: Details of any children and current custody or visitation arrangements, if applicable

2. Financial Independence: Statement confirming financial separation and independent management of finances

3. Property Status: Information about any shared property or assets and their current status

4. Domestic Violence Orders: Details of any existing domestic violence orders or related legal matters

5. Reconciliation Attempts: Information about any attempts at reconciliation or counseling, if relevant

6. Third Party Confirmations: References to statements from third parties who can confirm the living arrangements

What schedules should be included in a Affidavit Of Non Cohabitation?

1. Proof of Residence: Copies of lease agreements, utility bills, or other documents proving separate addresses

2. Communication Records: Relevant correspondence showing separate living arrangements or relationship status

3. Supporting Declarations: Statutory declarations from witnesses who can confirm the non-cohabitation

4. Financial Records: Documents showing separate financial arrangements, if relevant to proving non-cohabitation

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

Family Law

Social Services

Court Services

Public Administration

Immigration

Financial Services

Real Estate

Relevant Teams

Legal Operations

Family Law Practice

Immigration Law

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Client Services

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Relevant Roles

Family Lawyer

Immigration Lawyer

Legal Assistant

Paralegal

Court Registrar

Social Worker

Family Court Judge

Legal Secretary

Commissioner for Declarations

Justice of the Peace

Family Dispute Resolution Practitioner

Government Benefits Officer

Industries





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