1. What Is the Purpose of an Affidavit?

2. What Does "Sworn" or "Affirmed" Mean?

3. What Does an Affidavit Look Like?

4. What Should Be Included in an Affidavit?

5. Facts Are More Helpful Than Labels

6. Can I Talk About Abuse in an Affidavit?

7. What Are Exhibits?

8. Can I Attach Text Messages?

9. What If I Don't Remember the Exact Date?

10. What If My Spouse Lies in Their Affidavit?

11. Can I Change My Affidavit After I Sign It?

12. Are There Page Limits?

13. What Is Form 49?

14. Will the Justice Actually Read My Affidavit?

15. How Should I Help My Lawyer Prepare My Affidavit?

16. Five Things to Remember About an Affidavit

17. How Bridgestone Law Can Help

Introduction

If you are involved in a family court application in Alberta, your lawyer may tell you:

"We need to prepare your affidavit."

For someone who has never been to court before, that can sound intimidating.

An affidavit is essentially a written statement of evidence that you swear or affirm is true.

Instead of standing in a courtroom and verbally explaining every fact to the Justice, some of the evidence needed for an application can be provided in writing through an affidavit.

In a family law case, an affidavit might explain what has happened since separation, describe the current parenting arrangements, set out financial circumstances, identify missing disclosure or explain why a particular court order is being requested.

It may also attach documents that support what you are saying.

An affidavit is not simply a letter to the judge.

It is evidence before the Court, which means it needs to be accurate, relevant and carefully prepared.

What Is the Purpose of an Affidavit?

When a family law application is brought before the Court, the Justice needs evidence to understand the dispute and determine whether the requested order should be made.

An affidavit can provide that evidence.

For example, imagine a parent is asking the Court to establish an interim parenting schedule.

The affidavit might explain:

• the children's current living arrangements;

• the parenting schedule since separation;

• who has historically been responsible for particular aspects of the children's care;

• relevant school or childcare arrangements;

• attempts to reach an agreement;

• specific problems with the existing arrangement; and

• facts relevant to the proposed parenting schedule.

The affidavit gives the Court evidence to consider when deciding the application.

Is an Affidavit the Same as a Court Application?

No.

The application tells the Court what you are asking for.

The affidavit provides evidence supporting why the Court should make that order.

For example, an application might ask for:

• interim spousal support;

• child support;

• a parenting order;

• exclusive possession of the family home; or

• financial disclosure.

The accompanying affidavit may then set out the facts supporting those requests.

The two documents perform different functions but often work together.

What Does "Sworn" or "Affirmed" Mean?

An affidavit must be sworn or affirmed before an authorized person.

When you swear an affidavit, you are formally confirming that the information in it is true.

An affirmation serves the same legal purpose without requiring a religious oath.

You will generally sign the affidavit as part of the commissioning process before someone legally authorized to take the oath or affirmation.

This is not a formality to take lightly.

Before signing, you should read the affidavit carefully and make sure it is accurate.

If something is incorrect, tell your lawyer before you swear or affirm it.

Never sign an affidavit simply because someone tells you that it is "close enough."

It is your evidence.

What Does an Affidavit Look Like?

An affidavit is a formal court document.

It generally contains the court information at the beginning, followed by numbered paragraphs setting out the evidence.

The paragraphs should be organized logically so the Justice can understand the history and the issues.

For example, an affidavit involving parenting might progress through:

1. basic information about the parties and children;

2. the relationship and separation;

3. the historical parenting arrangements;

4. the current parenting arrangements;

5. the problem that has developed;

6. attempts to resolve the problem; and

7. the facts supporting the requested order.

Good organization can make complicated family circumstances much easier to understand.

What Should Be Included in an Affidavit?

An affidavit should generally focus on relevant facts.

Suppose you are seeking interim spousal support.

Relevant evidence might include:

• the length of the relationship;

• the roles each spouse had during the relationship;

• employment history;

• current employment;

• income;

• financial circumstances;

• childcare responsibilities;

• changes caused by the separation; and

• other facts relevant to the support claim.

The objective is not to tell the Court every unpleasant thing that happened during a 20-year marriage.

The objective is to provide the evidence the Court needs to determine the particular application.

Facts Are More Helpful Than Labels

One of the most important principles when preparing an affidavit is to describe what actually happened.

For example, compare these two statements:

"My former spouse is financially controlling."

and:

"Since separation, the Respondent has cancelled my access to the joint line of credit, removed $25,000 from the joint savings account and stopped depositing employment income into the account used to pay the mortgage and household expenses."

The second version gives the Court specific facts.

The Justice can then determine what significance those facts have.

The same principle applies to parenting disputes.

Instead of:

"She is a terrible co-parent."

an affidavit might identify specific events, dates, communications or decisions that demonstrate the actual problem.

Specific evidence is generally more useful than conclusions or insults.

Should I Include Every Bad Thing My Spouse Has Ever Done?

Usually not.

Separations can involve years of frustration, anger and hurt.

It is understandable to want the Justice to know the entire history.

But an affidavit is not a diary.

Information should have a reason for being there.

Ask:

"How does this fact relate to the order I am asking the Court to make?"

If there is no meaningful connection, it may not belong in the affidavit.

Including pages of irrelevant accusations can distract from the evidence that actually matters.

Can I Talk About Abuse in an Affidavit?

Yes, where abuse is relevant to the issues before the Court.

Family violence can be highly relevant in family proceedings, particularly where the Court is dealing with parenting, safety, protection, exclusive possession or other related issues.

The affidavit should describe relevant incidents as accurately and specifically as possible.

For example:

• what happened;

• approximately when it happened;

• who was present;

• whether children witnessed or experienced it;

• whether police attended;

• whether medical treatment was required;

• whether there are messages, photographs or records;

• whether a protection order was obtained; and

• whether there are ongoing safety concerns.

Again, specific facts are important.

If immediate safety is at risk, the appropriate response may involve an urgent court process rather than waiting for an ordinary family application.

What Are Exhibits?

An affidavit can refer to documents that support the evidence.

Those documents may be attached as exhibits.

For example, your affidavit might say that you sent your former spouse a written proposal concerning parenting arrangements.

The relevant communication could potentially be attached as an exhibit.

Depending on the case, exhibits might include:

• text messages;

• emails;

• letters;

• bank statements;

• photographs;

• financial records;

• agreements;

• school communications;

• property records; or

• other relevant documents.

Exhibits should have a purpose.

Attaching hundreds of pages simply because they exist can make an affidavit harder rather than easier to understand.

Can I Attach Text Messages?

Potentially.

Text messages are frequently relevant in family litigation.

But context matters.

A single message taken from a long conversation may create a misleading impression.

Where communications are important, your lawyer may need to determine how much of the conversation should be included so the Court receives a fair and understandable picture.

Do not edit screenshots in a way that changes their meaning.

Keep the original communications.

Can I Use What Someone Else Told Me?

This can raise hearsay issues.

A simple example would be:

"My daughter told me that her father said..."

You are not describing something you personally saw or heard from the father. You are repeating what another person allegedly told you.

Whether hearsay can properly be included or relied upon depends on the circumstances and the applicable evidentiary rules.

This is one reason affidavits should be reviewed carefully by a family lawyer.

Whenever possible, your affidavit should clearly distinguish between facts within your own knowledge and information coming from another source.

What If I Don't Remember the Exact Date?

Family disputes often involve events that occurred months or years earlier.

You should not invent precision you do not have.

If you know something happened in approximately October 2025 but cannot remember the exact day, say that it occurred in or around October 2025 rather than guessing that it happened on October 14.

Accuracy is more important than appearing certain.

Can My Spouse File an Affidavit Too?

Yes.

Family applications are generally contested through evidence from both sides.

You may file an affidavit explaining your evidence.

Your former spouse may file an affidavit giving a very different version of events.

This can be frustrating.

People often read the other party's affidavit and immediately want to respond to every sentence.

That is not always the best approach.

Your lawyer can help identify which statements actually matter to the application and which do not require a response.

What If My Spouse Lies in Their Affidavit?

Tell your lawyer.

Do not respond by exaggerating your own evidence.

Identify exactly what you believe is incorrect and determine whether you have evidence that demonstrates the problem.

For example, if the other party says:

"I have paid the mortgage every month since separation."

and your bank statements show that you made the payments, those records may be more useful than simply writing:

"That is a lie."

Documents and specific facts can be powerful evidence.

Can I Change My Affidavit After I Sign It?

You should treat a sworn affidavit as a completed piece of evidence.

That is why reviewing it carefully before commissioning is so important.

If something significant changes afterward or genuinely new relevant evidence becomes available, there may be procedures for putting updated evidence before the Court.

Do not simply alter a sworn affidavit after it has been signed.

Speak with your lawyer about the appropriate next step.

Are There Page Limits?

There can be.

The Court of King's Bench has specific requirements governing affidavits used in family proceedings, including limits that can depend on the type and stage of the application.

This makes concise drafting important.

A longer affidavit is not automatically a stronger affidavit.

A focused eight-page affidavit containing the important facts may be much more effective than 25 pages of repetition and accusations.

Your lawyer should determine which current procedural requirements apply to your particular application.

What Is Form 49?

The Alberta Court of King's Bench provides a generic affidavit as Form 49.

However, not every affidavit in a family proceeding is necessarily the generic Form 49.

There are also specific affidavit forms for particular proceedings.

For example, an uncontested divorce uses a prescribed Affidavit of Applicant for Divorce.

Your lawyer will determine which form and procedure apply to the particular court process.

Will the Justice Actually Read My Affidavit?

Affidavits form part of the evidence provided to the Court for applications where affidavit evidence is permitted or required.

That is why clarity matters.

A Justice dealing with a busy family court list needs to be able to understand:

What happened?

Why does it matter?

What evidence supports it?

What is the Court being asked to decide?

A well-organized affidavit helps answer those questions.

How Should I Help My Lawyer Prepare My Affidavit?

Your lawyer knows the legal issues, but you know the facts.

You can make the process much more efficient by providing organized information.

Consider preparing:

• a chronology of important events;

• important dates;

• names of relevant people;

• copies of significant communications;

• financial documents;

• previous court orders;

• parenting schedules;

• photographs or records that may be relevant; and

• a clear explanation of what has changed and why court involvement is required.

Do not delete communications simply because they are embarrassing or unhelpful.

Your lawyer needs the complete picture to advise you properly.

Five Things to Remember About an Affidavit

If you are preparing an affidavit for an Alberta family law matter, remember:

1. Tell the truth.

Never exaggerate or include something you know is inaccurate.

2. Be specific.

Dates, events, amounts and actual communications are usually more helpful than labels.

3. Stay relevant.

Focus on facts connected to the issues the Court needs to decide.

4. Keep your evidence.

Preserve emails, text messages, financial records and other potentially relevant documents.

5. Read everything before signing.

Once you swear or affirm the affidavit, it becomes your evidence.

How Bridgestone Law Can Help

An affidavit may be one of the most important documents prepared during a family court application.

At Bridgestone Law, our Calgary family lawyers can help turn a complicated history into clear, organized evidence focused on the issues the Court actually needs to determine.

We can assist with affidavits involving:

• parenting disputes;

• child support;

• spousal support;

• financial disclosure;

• exclusive possession of the family home;

• family violence and safety concerns;

• property disputes;

• responses to applications; and

• urgent family applications.

We can also review the other party's affidavit, identify the evidence that requires a response and help gather documents that support your position.

An effective affidavit does not need dramatic language.

It needs relevant facts, supporting evidence and a clear connection between what happened and what you are asking the Court to do.

If you have been served with a family court application or need to prepare an affidavit for an Alberta family law matter, contact Bridgestone Law to speak with a Calgary family lawyer about preparing your evidence for Court.