Failure to disclose in family law proceedings can apply in both parenting matters and property settlements. The Federal Circuit and Family Court (FCFCOA) states that parties have the duty to disclose relevant information about a family law case.
The Family Law Rules 2021 in the FCFCOA sets out various rules about full and frank disclosure of relevant information. Parties are required to disclose relevant information prior to the first court hearing. However, they should remember that this is an ongoing procedure and not a one-time event. Monitoring disclosure may be complex and challenging, whether it’s:
- The amount of disclosure;
- A client’s attitude towards the disclosure; or
- The ever-changing nature of disclosure.
Indeed, parties won’t wish to face failure to disclose in family law proceedings if they seek the best case results. Thus, parties should take the disclosure of information seriously. Failure to disclose in family law can result in heavy penalties. This article will discuss the failure to disclose in family law and its relevance in court proceedings.
Failure To Disclose About Family Law Matters
Parties should not exercise failure to disclose in family law proceedings when it’s about property settlements. They must disclose any material facts and evidence related to their financial position to help them understand their situation. Parties in a property settlement dispute should disclose information about any:
- Earnings;
- Interests;
- Income;
- Vested property;
- Contingent interests; and
- Other financial resources.
Disclosure still applies whether people or beneficiaries own or receive the mentioned items. This can also apply even if these items are held in corporations, trusts, or other companies. Parties should also disclose any information about sold, gifted, or assigned properties made after separation.
This is because it has the potential to influence, defeat, or diminish a claim. On the other hand, parties must disclose the following about parenting matters:
- Criminal records of a party
- Documents filed in intervention order proceedings
- The child’s medical and/or school reports
A Related Case Study
We can relate the failure to disclose in family law to the case of Waterman & Waterman (2017). Even when the couple’s asset pool was small, the husband did not make sufficient financial disclosure. This resulted in the wife appealing for property orders because of the husband’s failure to disclose relevant information.
The court ruled that the need to report is not limited just because the asset pool is “very modest”. Then, the high court approved that the lower court made an error in its judgement. The high court then set aside the initial orders and accepted the wife’s appeal for new orders.
Failure To Disclose Family Law: How A Family Lawyer Can Help
Subpoena
This is an order that will require a party to draft documents to be used as evidence in Court. A family lawyer will ensure that a subpoena is lodged if there is relevant information needed for court proceedings.
Notice to produce
Parties use this notice to request needed items or documents. Unlike a subpoena, a notice to produce does not require any payments. There may be time constraints when using a notice to produce, however, they are effective when used properly.
Notice to admit
This notice is usually used to ask a party about a document’s legitimacy. These notices carry heavy consequences if there is silence from the answering party.
List or affidavit of documents
Courts may require a party to provide full disclosure of a list or affidavit of documents. Failure to disclose in family law proceedings regarding this can invalidate these documents as evidence.
Financial statements
A party will file a financial statement when commencing or filing a response to a property settlement case. Also, an affidavit can be filed along with a financial statement. This is if the financial statement is not enough to make full and frank disclosure of relevant information. A family lawyer can help in drafting financial statements for parties.
Disclosure and evidence play a big role in family law. An experienced family lawyer can carefully approach and manage this stage of a case to ensure the best results. It is up to the family lawyers how they deal with parties who provide failure to disclose in family law proceedings.
What If Parties Reach An Agreement?
Parties who provided full and frank disclosure can formalise the agreement into a consent order. Generally, consent orders are formally written agreements that courts draft. The same responsibility of full and frank financial disclosure applies when establishing an agreement in this manner. Failure to disclose in family law proceedings may result in a number of consequences.
Firstly, the court can refuse to allow the party to utilise information or documents as evidence in a case. Secondly, the court may dismiss all or part of their case. Thirdly, the court may order costs against the party not providing full disclosure of information.
A party must not haphazardly accuse another party of providing false information in family law matters. They must be able to prove to the court that there is false information that may impact property settlements and parenting arrangements orders.
It’s essential that parties understand their responsibility in providing full disclosure of information in court proceedings. This is because failure to disclose information may lead to unfavourable results like unequal division of assets and parenting time.
Importance Of Seeking Legal Advice
Parties who think that the other party is not providing full disclosure should seek the advice of a family lawyer. After all, parenting time, properties, and assets are on the line when providing evidence and information to court proceedings. Our family lawyers at JB Solicitors can help disputed parties identify evidence and use proper techniques for fact-finding purposes.
With our lawyers’ experience, we can also draft consent orders and ensure that all parties comply with its terms and agreements. Should disputes arise, we encourage disputed parties to undergo mediation. Our mediation services can help disputed parties come up with agreements that everyone can benefit from.
Contact a family lawyer today.