Family law proceedings usually follow a common process. First is to establish whether to initiate an application in the family court or federal court. Once an application has been filed then it must be properly served to the other party within the allowed time. Any issues with service and the court will refuse to hear the application on the day the application is listed. While the registry does offer some procedural support, it cannot offer legal advice. So essentially, they can assist you in correctly completing the paperwork but cannot advise you on your case and position.
The other party then must respond to the application with their own affidavit responding to the issues raised by the other party. If the application is seeking both parenting and financial orders then both parties will also need to complete a financial statement outlining their income, assets and liabilities and a Notice of Risk. The court will not accept any applications for parenting orders without this notice also being filed.
Even though both parties are required to make complete and transparent disclosure of their assets, there are situations where a party is not fully honest about their assets, especially when those assets are located overseas. When drafting an affidavit, you must ensure that it is properly drafted as the court may only consider evidence and matters that have been provided in the affidavit form, you cannot simply raise issues or relay facts as you work your way through the proceeding.
That being said, it is common for new information to come to light during the proceedings, or for a party to recall information at a later time, which is fine. But this must be addressed in accordance with the proper process to enable the court to consider this information. This also applies to consent orders which must be specific and detailed enough to cover all aspects of the division of assets or parenting matters. Properly drafted orders will take into consideration that unexpected factors may arise and then draft orders on what the parties are to do in such a situation arises.
A family lawyer will draft the necessary paperwork within the allowed time frames, advise you on your matter, provide support and guidance and essentially be a buffer between you and your former partner with the view to making the whole process less stressful. Obtaining proper legal advice as soon as possible is paramount to ensuring that you do not end up significantly disadvantaged once the proceedings have concluded.
