Affidavit of means

WN4

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In a legal separation / divorce is an affadavit of means always required or just when one party is seeking financial assistance from the other?
 
Either way it would be better to have a list of all income and expenditure for both parties.
 
If by legal separation you mean Judicial separation and if there is either children or a maintenance order involved you will need to file one.
 
Either way it would be better to have a list of all income and expenditure for both parties.


And for this reason the Law Society now recommends that even where there is no application for maintenance or a financial order, that the solicitors for both parties insist they exchange affadavit of means.
 
And for this reason the Law Society now recommends that even where there is no application for maintenance or a financial order, that the solicitors for both parties insist they exchange affadavit of means.

That's very good. Does it apply only where one is going to court or doing a legal separation via a solicitor only.
 
That's very good. Does it apply only where one is going to court or doing a legal separation via a solicitor only.

It's a best practice recommendation for solicitors from the Law Society, so yes, it would be where a solicitor is involved.
 
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