Disclosure and Exchange of Documents for Divorce in Sydney
All parties to a family law dispute are obliged to provide full and candid disclosure of all information and material pertinent to the case in line with the Federal Circuit and Family Court’s pre-action procedures, the Family Law Rules 2004, and any other applicable laws. Parenting issues and financial conflicts are both subject to the family law duty to disclose.
However, a lot of the clients who seek assistance from our divorce lawyers in Sydney, are needing to initiate or reply to a pre-action (initiating an application) for a divorce or separation. Due to their former partner’s strict control over their assets and income, they are overwhelmed and unsure of where to begin. This can make the process even more challenging.
If you are someone who is experiencing a similar issue, then this blog is for you. In this blog, Edenking Lawyers have broken down the important aspects of disclosure and exchange of documents during a divorce settlement.
Disclosure of correspondence
When a couple separates, the parties are required to share any relevant “paperwork,” such as all bank statements, pay stubs, employment contracts, superannuation statements, and similar documents.
Each party has a responsibility to promptly, completely, and frankly disclose any information pertinent to the matters at issue.
Exchange of Documents
At all stages, including before beginning court proceedings, both parties should quickly exchange copies of the necessary documents in their custody or control that are relevant to the subject in dispute.
- Records that are important to the dispute.
- Duplicate of any document that the other party has requested and is listed on the list of documents.
To make sure you are upholding the law at this point, our family lawyer in Parammtta will assist you throughout this process.
Are there any documents that I can withhold?
The Family Law Rules’ Rule 6.15 lists the kinds of papers that are exempt from disclosure requirements.
Such documents could be those that are subject to a privilege against disclosure claim or those that have already been made public and the outcome of the case has not changed.
What will happen if I don’t disclose certain details throughout my divorce?
Information withholding can have dire repercussions, including being held in contempt of court and receiving a fine.
Expert witnesses’ role in pre-action procedures
In certain circumstances, parties may decide that formalising a value or condition may need the use of an expert witness. For instance, if one party wants to buy out the other in the matrimonial house, an expert witness might be able to estimate the fair market value more precisely than a real estate agent by taking into account a wider range of variables.
- An expert witness must get written instructions outlining their obligations.
- An expert witness is retained because their testimony is required to resolve the issue.
- Both parties should request the services of an expert witness (where practicable).
- The Court mandates the exchange of expert witness reports if different reports are obtained.
If you have reached this point in your divorce, contact Edenking Lawyers. We have some of the best divorce lawyers in Sydney, who will lead you and assist you as you go through these processes. You’ll have a lot of questions about both your own disclosure and that of your ex-partner during this potentially challenging and stressful time. Our responsibility is to ensure that you fulfil your disclosure obligation.
We’ll provide you advice on how to settle the conflict in the most time- and money-efficient manner possible without resorting to needless lawsuits. We’ll explain how the law applies to your circumstance and assist you in understanding your legal rights and obligations.