Affidavit Of Means Template for New Zealand

An Affidavit Of Means is a sworn statement that provides complete disclosure of your financial position, required in various New Zealand legal proceedings where your financial circumstances are relevant to the matter at hand. This formal document serves as legal evidence of your income, expenses, assets, and liabilities, and must be prepared with absolute accuracy as false declarations carry serious legal consequences.

When do you need this document?

You will need an Affidavit Of Means when applying for legal aid services, as Legal Aid Services require comprehensive financial disclosure to assess your eligibility for publicly funded legal representation. Family Court proceedings commonly require this document, particularly in cases involving child support, spousal maintenance, or relationship property disputes where the court needs to understand each party's financial capacity. The document is also essential in bankruptcy proceedings, where creditors and the court must assess your complete financial position. Additionally, some civil litigation cases may require financial disclosure, especially where costs orders or security for costs are being considered.

Key legal considerations

Your Affidavit Of Means must include all sources of income, not just your primary employment, including rental income, investment returns, benefits, and any financial support from family members. All regular expenses must be detailed, from essential costs like housing and utilities to discretionary spending on entertainment and hobbies. The assets section requires disclosure of everything you own, including property, vehicles, investments, superannuation, and personal belongings of significant value. Equally important is the disclosure of all liabilities, including mortgages, credit card debts, personal loans, and any other financial obligations. The document must be supported by recent financial records such as bank statements, pay slips, tax returns, and loan statements. Remember that deliberately omitting information or providing false details constitutes perjury, which can result in criminal charges.

Legal requirements in New Zealand

Under the Oaths and Declarations Act 1957, your Affidavit Of Means must be sworn or affirmed before an authorized person such as a solicitor, Justice of the Peace, or Commissioner for Oaths. The Family Court Rules 2002 specify particular formatting and content requirements for affidavits filed in family proceedings, including specific sections for different types of financial information. The Evidence Act 2006 governs how your affidavit will be treated as evidence in court proceedings, requiring that all statements be made to the best of your knowledge and belief. When used in relationship property matters under the Property (Relationships) Act 1976, additional disclosure requirements may apply regarding the classification and valuation of assets. The document must be current, typically no more than three months old when filed, and any significant changes to your financial circumstances must be disclosed through an updated affidavit.