Affidavit Of Domicile for Australia

Affidavit Of Domicile Template for Australia

An Affidavit of Domicile is a formal sworn document used in Australian jurisdictions to legally declare and establish a person's permanent place of residence and their intention to maintain that residence. The document must comply with Australian federal legislation, particularly the Domicile Act 1982 (Cth) and relevant state-specific Oaths Acts. It serves as official evidence of domicile status for various legal, financial, and administrative purposes, requiring proper execution before an authorized witness such as a Justice of the Peace or Commissioner for Declarations.

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What is a Affidavit Of Domicile?

An Affidavit of Domicile is a crucial legal document used in Australian jurisdictions when formal proof of permanent residence is required. This document is commonly needed for various purposes including immigration proceedings, tax matters, estate planning, legal proceedings, and financial transactions. The affidavit must be prepared in accordance with Australian federal and state legislation, including the Domicile Act 1982 (Cth) and state-specific Oaths Acts. It contains detailed information about the declarant's current residence, previous addresses, intentions regarding permanent residence, and supporting evidence of domicile status. The document must be sworn or affirmed before an authorized witness, making it a formal piece of evidence that carries legal weight in various proceedings.

What sections should be included in a Affidavit Of Domicile?

1. Title and Jurisdiction: Specifies the document type and the jurisdiction where it is being sworn

2. Declarant Information: Full legal name, date of birth, current address, and occupation of the person making the affidavit

3. Oath/Affirmation Statement: Formal statement confirming that the contents are true and correct

4. Current Residence Details: Detailed information about current place of residence, including duration of stay

5. Intent Declaration: Clear statement of intention to maintain domicile in the specified location

6. Supporting Facts: Facts that demonstrate domicile status (employment, property ownership, family ties, etc.)

7. Previous Residences: History of previous residences and duration of stay at each

8. Signature Block: Space for declarant's signature, date, and witness details

What sections are optional to include in a Affidavit Of Domicile?

1. Immigration Status: Required when the affidavit is being used for immigration purposes, detailing visa status and history

2. Business Interests: Include when the declarant has business ties that support their domicile claim

3. Family Circumstances: Relevant when family ties are a significant factor in establishing domicile

4. Tax Residency Statement: Required when the affidavit is being used for tax purposes

5. Future Plans: Optional section detailing future intentions regarding residence, particularly relevant for temporary absences

6. Cultural Ties: Relevant for cases where cultural connections support the domicile claim

What schedules should be included in a Affidavit Of Domicile?

1. Schedule A - Identification Documents: Copies of passport, driver's license, or other official ID

2. Schedule B - Residence Evidence: Copies of lease agreements, property deeds, or utility bills

3. Schedule C - Employment Documentation: Employment contracts, business registration documents if applicable

4. Schedule D - Financial Records: Bank statements, tax returns, or other financial ties to the jurisdiction

5. Schedule E - Community Ties: Evidence of community involvement, club memberships, etc.

6. Schedule F - Immigration Documents: Copies of relevant visas, permits, or immigration correspondence if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Immigration

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Immigration Lawyer

Tax Consultant

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