By Angela Li
For financial cases, although there is no requirement of compulsory mediation before going to court, the pre-action procedures do still apply and parties are still required to make a genuine attempt to resolve the dispute.
Here’s a standard checklist for financial cases which you should consider before deciding to go to court:
- Have you complied with your duty of disclosure? i.e., have you provided the other party with evidence of your income, assets, debts, superannuation and financial resources?
- Have you asked the other party for their disclosure material?
- Have you explored options for mediation, Collaboration, or other non-court processes?
- Have you made an offer to the other party? Has the other party made any counter-offers?
- You should be aware of the current waiting periods. You can speak with a lawyer or make inquiries with the court staff.
It would also be prudent for you to seek legal advice about your entitlements, before you decide to go to court. The legislation conveys a wide discretion on judges in deciding financial cases, and you should seek legal advice about your worst case and best case scenarios, so you can properly weight up the risks of going to court.
Do you need assistance with a family law finance matter? Please contact Cristina Huesch or one of our other experienced solicitors here at Alliance Family Law on (02) 6223 2400.
