Going through Family Law proceedings
What you can do to help
If you have made an appointment with a Lawyer, it can assist greatly if you can prepare and take with you to that appointment information that you have prepared in advance. It will maximise the benefits of your first consultation. Also by doing some of the preparation work you save costs that you might have incurred by your lawyer having to do this for you. It also allows your lawyer to give you more accurate advice. To prepare for your first appointment you should:
- set out your own details including your full name (maiden name if appropriate), your address, date and place of birth, whether you are an Australian Citizen
- Set out the same details for your spouse, former partner or other party;
- Provide details of your marriage or relationship such as the date you commenced living together, when and where you got married, the date you separated and, if you have done so, the date of your divorce.
- If there are children of your relationship and you need advice about issues affecting your child or children provide the full names and dates of birth of those children as well as who they are living with.
- For property-related matters, it is helpful for you to make a list of the assets and liabilities owned by you and your partner, whether solely or with another person.
- Provide the estimated values of that property or appraisals / valuations if you have them.
- For furniture and other items, such as motor vehicles and jewellery, this estimate should be the “second-hand” value and not the “insured” value.
- Include in your list details of any significant contribution that you, your former partner or any another person (such as a parent or relative) might have brought into the relationship or made either during the course of the relationship or after separation, such as
- a compensation payment
- inheritance; or
- other lump sum payment.
- Please also bring to your first appointment (if you have them in your possession)
- a copy of your marriage certificate,
- any birth certificates for the children (if applicable)
- any other Court documents, particularly Court orders.
- any letters or documents from your former partner or their solicitor.
In Western Australia, if you are about to or have already commenced Court proceedings (or have to respond to proceedings commenced by your former spouse) and those proceedings are about children you will be required to complete a Client Information Form. We can provide this form to you or you can also obtain it from the Family Court of Western Australia.
If those proceedings are about property settlement you will be required to complete a Form 13 (Financial Statement).
We can provide you with a copy of this form or you can obtain a “Financial Statement Kit” from the Family Court Registry. This form asks you to provide details of your income, expenses, assets, liabilities, superannuation and other financial resources.
It is vital that you complete the form as carefully and accurately as possible before providing it to your Solicitor. This will save you time and money.
The Financial Statement is like any other affidavit that you swear in Court proceedings. It is a sworn statement that the information you are providing is true and correct to the best of your knowledge information and belief and you can be cross-examined on it if your matter ends up going to trial.
You may also be required under “Pre-Action Procedures” or during Court proceedings to provide documents by way of “disclosure”.
This involves providing the other party details of every document or paper in your possession, custody or control that is relevant to your matter.
If you have any doubt about whether a document is relevant then show it to us and we will tell you if it should be disclosed.
Again, to save you time and money, it helps if you can sort your documents into their particular categories, in date order. Examples of documents you will need to provide by way of disclosure include pay slips (for the last 12 months). tax returns (for at least the last 3 years), business documents, bank and credit card statements (for at least the past 12 months), and any other bills or documents you think might be relevant.
Finally, if you have any questions at all about the conduct of your matter or what you can do to help the process, always ask. We are here to help you through what can be a very intimidating and emotional process as effectively as possible, with a minimum of cost and trauma to you.