A form 13 family court WA is essentially a financial statement form that gives the family court all details of a party’s property and financial assets.
Parties should file a form 13 in family court WA if there are cases that involve certain financial issues like property settlement or spousal maintenance matters, child support issues, or child’s school fees.
Parties who are separating or getting a divorce might seek court orders. These court orders might be related to property settlement, or other financial orders.
When making such applications, the parties have to submit form 13 in family court WA. It is necessary to lodge this financial statement along with your application to family court. Parties can file the form 13 for family court WA on Commonwealth Courts Portal.
This is an important form as it is one way to let the Court know about your financial circumstances.
Purpose Of Form 13 In Family Court WA
This form is the main financial statement that gives the Court all information about a party’s property, financial assets and even liabilities.
Rule 13.05 of the Family Law Rules (2004) outlines certain rules in relation to form 13 for family court WA.
According to Rule 13.05:
- “A party starting, or filing a response or reply to, a financial case (other than by Application for Consent Orders) must file a Financial Statement (Form 13) at the same time.”
- “If a party is aware that the completion of Form 13 will not fully discharge the duty to make full and frank disclosure, the party must also file an affidavit giving further particulars.“
Are There Multiple Forms Online?
In Australia, the form 13 you use will depend on the family court that your case is in. For example, form 13 for family court WA can be found here.
On the other hand, if your case is listed in the Family Court of Australia, you can find the form online here.
Therefore, before filing the form 13 for family court WA, make sure you have the right form. You must find the form for the specific court that is handling your case.
What To Consider When Filling Out Form 13 For Family Court WA?
Because this form is all about providing information about financial assets and property, there are some important things that parties need to consider.
1. Full and frank disclosure
It is very important to provide a full and frank disclosure of financial assets and property. The court makes orders based on financial situation of each party. Therefore, each party must provide clear information about their financial situation.
As per Rule 13.04 of Family Law Rules (2004), each party has to make full and frank discourse of their financial circumstances. This includes information about income, earnings, interests, trusts, property etc.
Moreover, if any party provides false or misleading information, it will be considered a contempt of court. Each party has a duty of disclosure that they must abide by.
2. Importance of gathering documents
It is important to keep documents ready before filling out form 13 for family court WA. This is so each party can avoid delays in processing. There are various documents required to show financial circumstance. This includes:
- Current payslips;
- Current superannuation statements;
- Most recent income tax return;
- Notice of assessment from ATO;
- Current credit card statements;
- Current mortgage statements;
- Household expenses and accounts
Process For Family Court WA
Given below is the step-by-step guide to access form 13 for family court WA:
- Firstly, access the website of Family Court of Western Australia.
- Look for Forms and Resources in the same website.
- Find Information kits and brochures, this is where you will find Financial Statement Kit.
- This is a downloadable pdf form. Once you have downloaded the kit, read the instructions and information provided to complete the Form 13.
- Alternatively, you can also download the Word version. This might be better for filling in details.
Every paragraph of the Form must be filled. Once you gather your documents, you can start filling out the form by carefully going through each paragraph and understand the information provided.
As mentioned above, each party must make a full and frank disclosure of their financial circumstance. Therefore, this form needs to be completed diligently.
Do I Need A Family Lawyer?
While you are capable of completing your own financial forms, it is always recommended that you seek help from a family lawyer. Family lawyers have the experience of dealing with numerous cases.
Because of the stress of the whole situation, many people inadvertently make mistakes on their Form 13. This will affect the outcome, and will delay all processes.
Experts in family law can handle such matters in a composed fashion. By representing you in your case, they will make sure that you get the right advice.
Therefore, they can guide each and everyone with any family law matter. Most importantly, your family lawyer will thoroughly review your draft Form 13.
Your lawyer can ensure that all important details have been mentioned. Filing a complete form with accurate information will expedite the overall process.
Contact our solicitors today.