8.7 Formatting Affidavits


The Affidavit can vary in length from one page to multiple pages. Keep your affidavit as short as possible. The facts are set out in paragraphs with each paragraph numbered on the left side. It is best to keep your paragraphs short. Limit one idea per paragraph. Spacing should be set at least 1.5 and a space should separate paragraphs. Never use a font smaller than 10 or larger than 12 for the main body of the text.

Lawyer’s Tip:

Both the Supreme and Provincial Courts have Forms for you to use for your affidavits

Refer to Provincial Forms Chart or the Supreme Forms Chart to see which form you need.


When you want to support a statement in your affidavit with a document, you can attach it as an exhibit. Anything that can be printed on paper can become an exhibit: income tax return, webpage printouts, receipts, photographs, prescription etc.

Here are examples of facts that can be supported by exhibits:



As of July 12, 2015, I have $30,000 in my TD bank account.

Bank statement

I have been suffering from severe headaches for the past three months.

Doctor’s note; prescription

The judge will not automatically accept every exhibit; it will depend on the nature of the exhibit. Some exhibits may need more support to be admitted into evidence. 

In general, you should avoid attaching letters as exhibits. If you need to attach a letter, it’s best to ask the author of the letter to swear his or her own affidavit. You should also avoid attaching expert reports. Instead, ask the experts to swear their own affidavits and attach the reports to their affidavits. Additionally, it’s not ideal to have your child swear an affidavit. If you want your child’s voice to be heard in court, it’s best to ask for a judicial interview.


Attaching An Exhibit

If you want to support a fact in your affidavit with an exhibit, you must refer to it in your affidavit. Each exhibit should be given a letter and referred to in alphabetical order. The first exhibit you refer to in the affidavit will be lettered ‘A,’ the second, ‘B,’ and so on.  References to the exhibit should be typed in bold.

As of July 12, 2015, I have $30,000 in my TD bank account. Attached to this, my affidavit as Exhibit A, is a true copy of my TD bank 

Attach all your exhibits at the end of your affidavit. If your exhibit has multiple pages, number the pages.

When you bring your affidavit to the commissioner to get it sworn, also bring the exhibits so they can stamp it.

Law Guide:

 Supreme Court :

  • Interim applications (Rule 10-6 of the Supreme Court Family Rules (“SCFR”))
  • Summary trials (Rule 11-3 of the SCFR)
  • Undefended divorce applications (Rule 10-10 of the SCFR)
  • Consent application for guardianship (Rule 10-7 of the SCFR)

 Provincial Court:

  • Hearings (Rule 13 of the Provincial Court Family Rules (“PCFR”))


Backing Sheet

A backing sheet should be the last page in your affidavit if you’re applying in Supreme Court. Check out the resources to see an example of a backing sheet.


Swearing the Affidavit

 To “swear” means that you promise the information presented in the affidavit is true. Sign it in front of a commissioner who will also sign it. Lawyers and public notaries are commissioners. If you don’t know how to find a commissioner, try calling your local court registry for help.


Correcting a Mistake

 If you would like to correct a minor mistake after you have signed and sworn your affidavit, you have to take your affidavit to a commissioner and do the following:

  1. Correct each mistake in handwriting on the affidavit in front of the commissioner
  2.  Initial each correction (the commissioner must also initial each correction)
  3. Get the affidavit sworn and signed again.

Ideally, this commissioner is the same person who executed your original affidavit. This kind of correction should only happen for less important mistakes. If you change your mind about a key fact in your affidavit, you have to prepare and swear a new affidavit to explain what the change is and why you’re making the change.

The Dos and Don’ts of Affidavits



  1. Give personal knowledge - Include what you saw, heard, did, and said. 
  1. Be truthful –Lying in your affidavit could seriously hurt your case.
  1. Organize your affidavit so it flows logically - Most people will have facts in chronological order (according to date they occurred) or by subject matter. Eg. First few paragraphs are about the kids and the next few are about your assets and then you finish with a few paragraphs about your debt.
  1. Give Opinions - Avoid stating personal opinions eg. “I believe that” or “I think that”
  1. Express Feelings - Judges will ignore statements of how you felt.  eg. “I was devastated by her moving out” instead write “My ex-spouse moved out of our matrimonial home on July 12, 2015”
  1. Ask Questions - You shouldn’t use questions. eg. “What could I have done, but take the kids?”
  1. Use Legal Arguments - An affidavit is not the place to be talking about the law eg. “In accordance with the FLA, I should be paid $200 monthly in support”
  1. Make Absolute Statements - Avoid words like “always” or “never”. From the judge’s perspective, “always” means “100% of the time”, and “never” means “not even once”. Words such as “frequently,” “seldom,” and “not often” will give the judge a more balanced view and make you sound more reasonable.