Financial Affidavit Template for New Zealand

A Financial Affidavit is a sworn statement that provides complete disclosure of your financial position to the New Zealand Family Court. This document is essential when you need to demonstrate your financial circumstances in family law proceedings, ensuring transparency and fairness in legal decisions affecting property division, maintenance, or child support.

When do you need this document?

You'll need to prepare a Financial Affidavit when involved in family court proceedings that require financial disclosure. This commonly occurs during relationship property disputes where assets must be divided under the Property (Relationships) Act 1976, maintenance applications for spousal or child support, and guardianship proceedings involving financial responsibility. The court may also require this document in adoption cases, applications for legal aid, or when seeking interim financial orders. Your lawyer or the court will typically specify when you must file this affidavit, and failure to provide accurate financial information can seriously impact your case.

Key legal considerations

Your Financial Affidavit must include comprehensive details about all income sources, including salary, wages, benefits, rental income, and investment returns. You must disclose all assets such as real estate, vehicles, bank accounts, investments, and personal property, along with their current market values. Equally important is listing all liabilities including mortgages, loans, credit card debts, and other financial obligations. The document requires supporting evidence such as bank statements, payslips, tax returns, and property valuations. Remember that this is a sworn statement made under oath, meaning false or misleading information constitutes perjury under the Crimes Act 1961, which can result in imprisonment for up to seven years.

Legal requirements in New Zealand

Under New Zealand law, your Financial Affidavit must be sworn before a Commissioner for Oaths, Justice of the Peace, or solicitor authorised to take oaths under the Oaths and Declarations Act 1957. The Family Court Act 1980 governs the procedures for filing these documents, while the Evidence Act 2006 sets standards for sworn statements in court proceedings. You must provide full and frank disclosure of your financial position, as required by the Family Proceedings Act 1980, which includes updating the court if your circumstances change significantly. The affidavit must be filed within timeframes specified by the court or family court rules, typically 20 working days before any substantive hearing. Non-compliance with disclosure obligations can result in adverse inferences being drawn against you or penalties imposed by the court.