The Separation Affidavit is a crucial legal document in Hong Kong's matrimonial law system, typically used when couples need to formally document their separation for legal purposes. This document may be required for various reasons, including as evidence in subsequent divorce proceedings, for immigration purposes, or to establish the official date of separation for financial or legal matters. The affidavit must comply with Hong Kong's legal requirements and typically includes detailed information about the marriage, separation circumstances, living arrangements, and any relevant agreements between the parties. It must be properly sworn or affirmed before an authorized official such as a Commissioner for Oaths or Notary Public to be legally valid.
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1. Declaration Header: Formal opening stating this is an affidavit, including the jurisdiction (Hong Kong) and relevant court details
2. Deponent Information: Full legal name, occupation, and residential address of the person making the affidavit
3. Marriage Details: Date and place of marriage, including registration details
4. Separation Statement: Clear statement of when and how the separation occurred, including the last date of cohabitation
5. Living Arrangements: Details of current living arrangements of both parties since separation
6. Reconciliation Status: Statement regarding whether any attempts at reconciliation have been made and their outcomes
7. Verification: Statement verifying that the contents of the affidavit are true and correct
8. Execution Block: Space for signature, date, and notary/commissioner for oaths' details
1. Children of Marriage: Details of any children, their living arrangements and care arrangements since separation (include if there are children)
2. Financial Arrangements: Details of how finances have been handled since separation (include if there are shared finances)
3. Property Division: Information about division or current status of matrimonial home and other shared properties (include if there is shared property)
4. Domestic Violence: Details of any domestic violence incidents if relevant to the separation (include if applicable)
5. Previous Proceedings: Information about any previous legal proceedings related to the marriage (include if applicable)
6. Maintenance Arrangements: Details of any maintenance arrangements between parties (include if applicable)
1. Schedule A - Marriage Certificate: Certified copy of the marriage certificate
2. Schedule B - Proof of Separation: Documentary evidence of separate residences (e.g., lease agreements, utility bills)
3. Schedule C - Financial Documents: List of relevant financial documents showing separate financial lives
4. Schedule D - Correspondence: Relevant correspondence evidencing the separation
5. Schedule E - Children's Information: Detailed information about children's arrangements if applicable
6. Schedule F - Property Documents: Copies of property ownership documents and current arrangements if applicable
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