The Affidavit of Non Cohabitation serves as a crucial legal document in Irish family law proceedings, particularly in divorce cases where proof of separation is a statutory requirement. This affidavit is used to formally declare and provide evidence that parties have been living separately and apart, which is essential under the Family Law (Divorce) Act 1996 that requires couples to have lived apart for two out of the previous three years before granting a divorce. The document typically includes detailed information about when and how the separation began, current living arrangements, any contact between parties, and may also address matters such as children, property, and financial arrangements. The affidavit must be sworn before an authorized official and can be used in court proceedings or for other legal purposes where proof of non-cohabitation is required.
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1. Title and Heading: Formal title of the document including the court details if applicable, and the deponent's name
2. Deponent Information: Full legal name, address, occupation, and other identifying information of the person making the affidavit
3. Relationship Status Declaration: Statement of the current legal relationship status (married, civil partnership, etc.) and details of the other party
4. Living Arrangements Statement: Clear declaration of the period of non-cohabitation, including specific dates and addresses
5. Verification of Separate Residences: Details confirming separate living arrangements, including primary residence information
6. Contact and Communication: Statement regarding the nature and extent of any ongoing contact or communication with the other party
7. Purpose Declaration: Statement explaining why the affidavit is being made (e.g., divorce proceedings, legal separation)
8. Truth Declaration: Formal declaration that the contents of the affidavit are true and accurate
9. Jurat: Formal closing section including the date and location where the affidavit was sworn, and commissioner for oaths/notary details
1. Children and Custody Arrangements: Include when there are children involved, detailing current living and access arrangements
2. Financial Independence: Include when relevant to establish separate financial lives and independence
3. Property Division: Include when there are shared properties or assets that have been divided
4. Domestic Violence History: Include when non-cohabitation is related to domestic violence or protection orders
5. Reconciliation Attempts: Include if there were any attempts at reconciliation during the period of separation
6. Third-Party Confirmations: Include when there are witnesses who can confirm the non-cohabitation status
7. Future Intentions: Include when relevant to state intentions regarding the relationship going forward
1. Proof of Residence: Copies of utility bills, lease agreements, or other documents proving separate addresses
2. Communication Records: Relevant correspondence showing separate lives, if applicable
3. Financial Records: Documents showing separate financial arrangements, if relevant
4. Third-Party Statements: Written statements from witnesses confirming non-cohabitation
5. Court Orders: Copies of any relevant court orders or legal documents
6. Property Documents: Evidence of separate property arrangements or agreements
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