WA Separation While Living Under the One Roof - Independent Person Affidavit

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ChrisR33

Member
10 June 2024
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Hi everyone, I'm currently preparing a Joint Application for divorce on the WA eCourts Portal. Under the "Separation While Living Under the Same Roof" section, I am required to file an Affidavit by an independent person such as, a family member, friend or neighbour (I will ask my mother to be my independent person). I am finding the form confusing in terms of who the following parties are:

- Filed on Behalf of: ?

Part A:
- Applicant 1: my mother?
- Applicant 2: blank?
- Respondent 1: me?
- Respondent 2: is this needed?

Part B:
- The Deponent: my mother?

Any help or guidance is much appreciated.
 

Attachments

  • Affidavit.pdf
    126.6 KB · Views: 2

Tim W

Lawyer
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28 April 2014
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Maybe take yourself to a Community Legal Centre for a bit of face to face advice?
 

ChrisR33

Member
10 June 2024
4
0
1
Thanks for your reply Tim. I've attempted to go to a community legal centre but wouldn't see me as I didn't pass the eligibility assessment on paper. All my resources are tied up in the legal process involving custody and division of assets, hence why I am trying to find help online.
 

Atticus

Well-Known Member
6 February 2019
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- Filed on Behalf of: ?

Part A:
- Applicant 1: my mother?
- Applicant 2: blank?
- Respondent 1: me?
- Respondent 2: is this needed?

Part B:
- The Deponent: my mother?
It's a joint application?

Filed on behalf of - You & your wife's full names
Applicant 1 - You
Applicant 2 - Your wife

Respondent 1 & 2 crossed out

Your mother is the deponent. She is the person swearing the affidavit

All my resources are tied up in the legal process involving custody and division of assets,
Have a look at AMICA ..... It's a govt AI tool that may be able to assist you both in reaching a resolution & finalizing orders by consent without needing lawyers
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,016
829
2,894
Sydney
Thanks for your reply Tim. I've attempted to go to a community legal centre but wouldn't see me as I didn't pass the eligibility assessment on paper. All my resources are tied up in the legal process involving custody and division of assets, hence why I am trying to find help online.
Am I right in thinking that you are preparing it
on behalf of your mother, and
aiming to get to
"here it is, ready for your signature" ?

(and yes, AMICA is worth a try, if you're up to it)
 

ChrisR33

Member
10 June 2024
4
0
1
It's a joint application?

Filed on behalf of - You & your wife's full names
Applicant 1 - You
Applicant 2 - Your wife

Respondent 1 & 2 crossed out

Your mother is the deponent. She is the person swearing the affidavit


Have a look at AMICA ..... It's a govt AI tool that may be able to assist you both in reaching a resolution & finalizing orders by consent without needing lawyers
Thank you Atticus, that was really useful
 

ChrisR33

Member
10 June 2024
4
0
1
Am I right in thinking that you are preparing it
on behalf of your mother, and
aiming to get to
"here it is, ready for your signature" ?

(and yes, AMICA is worth a try, if you're up to it)
Hi Tim, I was thinking that I would be the Applicant (as I will fill out the form, with the exception of the "Part D - Evidence" section) and my mother would be the Deponent (she will fill in Part D). If you think there's any issues with my approach, your advice would be greatly appreciated.

(I'll be sure to check out AMICA as well, thanks a lot)