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Affidavit Of Financial Means Template for Canada

An Affidavit of Financial Means is a comprehensive sworn document used throughout Canadian jurisdictions that provides a detailed disclosure of an individual's complete financial situation. This legal document is primarily utilized in family law proceedings, particularly in matters involving divorce, child support, spousal support, or property division. The affidavit requires detailed information about income, expenses, assets, and liabilities, and must be sworn or affirmed before a commissioner of oaths to be legally valid. It serves as a crucial tool for courts and parties involved to make informed decisions about financial matters in family law cases.

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What is a Affidavit Of Financial Means?

The Affidavit of Financial Means is a fundamental document in Canadian family law proceedings, designed to provide courts and involved parties with a comprehensive understanding of an individual's financial position. This sworn statement is required in various family law matters, including divorce proceedings, child support determinations, spousal support assessments, and property division cases. The document must include detailed information about employment, income from all sources, monthly expenses, assets, debts, and liabilities. Its preparation must comply with both federal and provincial legislation, including the Canada Evidence Act and provincial family law rules. The affidavit serves as a crucial tool for ensuring transparency and facilitating fair resolution of financial matters in family law cases.

What sections should be included in a Affidavit Of Financial Means?

1. Identification and Oath: Deponent's full legal name, address, occupation, and formal oath/affirmation statement

2. Purpose of Affidavit: Statement explaining the reason for filing the affidavit (e.g., divorce proceedings, child support determination)

3. Employment Information: Current employment status, employer details, position, length of employment, and any secondary employment

4. Income Details: Comprehensive breakdown of all income sources including salary, bonuses, commissions, rental income, and investment income

5. Monthly Living Expenses: Detailed listing of all regular monthly expenses including housing, utilities, food, transportation, and insurance

6. Assets: Complete listing of all assets owned including real estate, vehicles, bank accounts, investments, and personal property

7. Debts and Liabilities: All outstanding debts including mortgages, loans, credit cards, and other financial obligations

8. Certification: Declaration of completeness and accuracy of the information provided

9. Commissioner's Certificate: Space for commissioner of oaths to sign and certify the affidavit

What sections are optional to include in a Affidavit Of Financial Means?

1. Child-Related Expenses: Details of child-related costs including education, healthcare, and activities - required when children are involved

2. Business Income: Detailed business income and expense information - required for self-employed individuals

3. Medical Expenses: Breakdown of ongoing medical expenses - required when claiming extraordinary medical costs

4. Support Payments: Details of existing support payments being made or received - required when other support obligations exist

5. Anticipated Changes: Description of expected changes in financial circumstances - required when significant changes are anticipated

6. Previous Year Comparison: Comparison with previous year's financial situation - useful in cases involving income fluctuations

What schedules should be included in a Affidavit Of Financial Means?

1. Schedule A - Income Documentation: Copies of recent pay stubs, T4 slips, and income tax returns for the past three years

2. Schedule B - Expense Receipts: Supporting documentation for major claimed expenses

3. Schedule C - Asset Valuations: Professional appraisals or valuations of significant assets

4. Schedule D - Bank Statements: Recent statements from all financial accounts

5. Schedule E - Investment Statements: Documentation of investment holdings and recent statements

6. Schedule F - Debt Documentation: Current statements for all debts and liabilities

7. Appendix 1 - Business Financial Statements: Financial statements for business owners or self-employed individuals

8. Appendix 2 - Property Assessment Records: Municipal property assessments and real estate valuations

Authors

Alex Denne

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

Jurisdiction

Canada

Document Type

Affidavit

Cost

Free to use

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