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An affidavit of means is one of the documents required to be completed by both parties if you are seeking either a judicial separation or a divorce. It can also be used where the parties have drafted a 'Separation agreement' and one of the terms of which is a requirement for full financial disclosure. It requires full disclosure of the party's financial circumstances - assets, liabilities, income and expenses, and pensions as applicable - in five separate 'schedules'. When completed this document must also be sworn, i.e. signed, in the presence of a commissioner for oaths or a practising solicitor.
The following are some other separation and divorce documents available on LawOnline:
Affidavit of welfare - applicant (FL011)
If there are dependent children then this document must be completed to apply for a judicial separation or divorce in the Circuit Court. Both the applicant and respondent must make an affidavit of welfare. However, if the respondent agrees with the version of this affidavit made by the applicant there is then no need for the respondent to also provide the same details. In this case they simply confirm their agreement in a shorter version. If they disagree with any of the details provided by the applicant they must complete the full version of this document.
Affidavit of welfare - respondent (FL019)
If there are dependent children then this document must be completed to apply for a judicial separation or divorce in the Circuit Court. Both the applicant and respondent must make an affidavit of welfare. However, if the respondent agrees with the version of this affidavit made by the applicant there is then no need for the respondent to also provide the same details. In this case they simply confirm their agreement in a shorter version. If they disagree with any of the details provided by the applicant they must complete the full version of this document.
Agreement to mediate on a family matter (FL012)
Under the Mediation Act 2017 the parties to a dispute, including family-related matters, may engage in mediation as a means of attempting to resolve the dispute. Participation in mediation is voluntary at all times. The fact that proceedings may have been issued in relation to a dispute does not prevent the parties engaging in mediation at any time prior to the resolution of the dispute. Prior to the commencement of the mediation, the parties and the proposed mediator prepare and sign a document (referred to as an 'agreement to mediate') appointing the mediator and containing specific information such as how the process is to be conducted, terminated and paid for amongst a range of other matters.
Certificate for divorce or judicial separation (FL018 and FL022)
This document is required to be completed by both the applicant and respondent, or their respective solicitors if they are legally represented. This certificate essentially confirms that you are fully aware of the various alternatives available such as mediation or a separation agreement versus applying for a judicial separation or divorce, as the case may be.
To see the full range of family law-related documents available on LawOnline click on Personal documents and scroll down under the 'Law area index' heading until you come to the 'Family - divorce and separation' category. All documents are listed alphabetically.
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