Fairness Affidavit

A Court compliant form that helps explain why your financial split is fair — and gives the Court what it needs to approve your Consent Orders.

Overview

A Fairness Affidavit might be necessary if:

1. Your Financial Consent Orders Application was rejected by the Court due to concerns it isn’t legally fair.
2. You want to include extra information at the time of filing your Application to improve first time round approval chances.
3. Your proposed share is on the lower end of what’s considered legally fair.
4. Your agreement involves unique aspects eg. you’ve agreed to a cash-for-superannuation trade-off, or you’ve agreed to prolonged financial ties for a set period.

Important

Couples often make agreements based on personal feelings or logic, which may not align with legal requirements. Including unnecessary information could lead to rejection of your agreement.

It’s wise to seek legal advice on your Affidavit before signing and submitting it to the Court. Note: Submitting a Fairness Affidavit does not guarantee that the Court will approve your Financial Consent Orders.

What does it cover?

• If applicable, reference to the Application for Consent Orders filed or the Requisition Notice issued
• Brief background of your relationship dates and any children
• An explanation of what independent legal advice includes
• If selected by you, the inclusion of your financial figures and the effect of the proposed division
• An explanation as to your reasons for believing that your proposed financial division is appropriate/satisfies the legal just and equitable requirement

What’s included?

For a special introductory fixed price of $150, this includes a number of special things:

• A detailed Q&A that identifies evidentiary content to be included in your Fairness Affidavit (draft)
• Informative videos to help you understand the question and complete the Q&A
• The option to ‘Save and Resume Later’ your answers for up to 30 days
• The opportunity to review your final answers before submitting
• Your Fairness Affidavit (draft) tailored to your answers and populated with your information in a Court compliant format
• The Fairness Affidavit Bonus Resource, which includes suggested next steps