Family Law Documents

  1. Read and follow instructions carefully
    • Ensure you carefully read and follow all instructions for witnessing Family Court documents.
  2. Seek clarification if needed
    • If the instructions are unclear or if you have any questions, contact the local Family Court Registry for guidance (e.g. the Tasmanian Registry in Hobart).
  3. Authority to sign documents from interstate registries
    • You are authorised to sign documents issued from an interstate Family Court Registry if they are signed in Tasmania.
  4. Identify the person
    • Confirm the person signing matches the name on the document.
    • Ask for identification, preferably photo ID (e.g. a driver’s licence), and compare the person’s appearance with the photo.
    • If photo identification is not available, other forms of identification may be accepted. Examples of documents that can be used to verify identity are provided on the Service Tasmania website, under the section relating to personal information cards. The JP must be satisfied as to the person’s identity
    • Documents must be originals, not copies. While it is preferable that documents are current, there is no strict requirement in Tasmania for them to be — except that an Australian passport or driver licence must not have expired more than two years ago.
    • Check that names, addresses and other relevant details on the identification align with those on the document being witnessed.
  5. Confirm authorised witness
    • Ensure you are authorised to witness the affidavit.
  6. Verify document completion
    • Ensure the affidavit is properly completed.
    • Do not provide legal advice.
  7. Check for special requirements
    • Ensure compliance with any special instructions for the witness.
  8. Confirm legal age
    • Ensure the person is 18, unless the document allows for under-18 execution.
    • Ask for proof of age if required.
  9. Ensure understanding and voluntary signing
    • Confirm the person understands what they are signing and the need for truth and ensure the person is signing freely, without coercion.
  10. Do not check document content
    • Do not verify the content of the affidavit.
  11. Check document date
    • Ensure the signing date matches the witnessing date.
  12. Check for alterations, blank spaces, or unanswered questions
    • ­ All alterations must be initialled by you and the signatory.
    • Mark blank spaces with ‘Z’ or ‘X’ and initial.
    • Ensure all questions are answered or marked ‘not applicable’ with initials.
  13. Check for exhibits/annexures/attachments
    • Ensure attachments are identified and present.
    • Do not witness if attachments are missing or incomplete.
  14. Explain penalties for false declaration
    • Inform the person of penalties for false declarations and get acknowledgment.
  15. Number pages
    • Ensure each page of the affidavit is sequentially numbered.
  16. Ensure signing in your presence
    • Ensure the person signs in front of you.
    • If previously signed, ask for re-signing.
    • You and the signatory must initial and date the crossing-out by, if applicable.
  17. Administer oath or affirmation
    • Offer the person the choice of oath or affirmation and administer as appropriate.
  18. Counter-sign and date
    • Initial alterations, sign each page (except the last), and sign/date attachments.
  19. Complete the Jurat
    • Include the place, date, your signature, printed name, JP number, and authority (e.g. A Justice of the Peace).

Please refer to the Justices of the Peace Handbook for any issues not covered above.

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