The process at the beginning of a family law matter which aims to collect all of the relevant information from both parties is called 'the discovery process'.
Collecting and collating all of the data is an arduous task. In most cases, it isn't so much difficult, as overwhelming. Many people don't even know where to start.
Family lawyers can't give advice specific to a client's circumstances without a complete snapshot of their family, personal, business and financial details. Most will send clients away once they have been engaged with a checklist of documentation to collect.
This information forms the basis for decisions and advice about the couple's parenting and property arrangements.
What is Full and Frank disclosure?
Whether you are a litigant in person or represented by a lawyer, you have a duty of “full and frank disclosure”.
This means you must declare all known relevant facts, figures and reports, even if they are initially unknown to the other party. And, you must constantly keep all stakeholders updated on any changes throughout proceedings.
In the Family Law Rules (2004), Rule 13.04 states:
A party to a property case must make full and frank disclosure of the parties’ financial circumstances, including:
- earnings, including income that is paid or assigned to another party, person or legal entity
- vested or contingent interest in property
- vested or contingent interest in property owned by any legal entity that is wholly or partially owned or controlled by a party
- income earned by a legal entity, whether wholly or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity
- the party’s other financial resources
- any trust
- disposal of any property
- liabilities and contingent liabilities.
You must include all of the current details as well as anything you are aware of, which may impact your financial situation in the near future.
In parenting matters, guidelines are less specific and more likely to be tailored to each case; however, the duty of disclosure could include things such as medical and psychological reports about a child or parent, school reports, letters and drawings by the child and photographs.
To read the Family Court of Australia’s Duty of Disclosure Brochure, click here.
How to simplify the disclosure process
The Split Kit has been specifically designed to assist separating couples complete their initial discovery process in a structured and straightforward manner. The question-driven format walks you through everything you need to collect regarding parenting, property, finances and personal information.
Effectively, it allows you to save thousands of dollars in legal fees in your own time, at your own pace. If you are able to work together with your former partner, you may be able to work through to full agreement using The Split Kit. If not and you need the help of professionals, you will be well prepared and ready to pay them their professional hourly rate for their expert advice and not for doing basic admin.
Find out more:
Watch a 90 second Split Kit explainer video
Testimonial: 'If a client came in with The Split Kit completed, it would be invaluable and would save them legal expenses – no doubt about it.' - Family Lawyer, WA.
Non-compliance may result in severe consequences
It is an offence that may carry severe consequences if you do not accurately declare your financial position.
Failure to give full and frank disclosure might result in you:
- having to file further documents
- having to pay the other party’s legal costs
- being fined
- being charged with contempt of court
Published by Divorce Resource
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