Arbitration as an Alternative in Family Law
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
Call us on
Call us on
It is not unusual for separated couples in conflict to object to producing a lot of their own personal financial documents for disclosure to their ex-partner as part of any property settlement proceeding after separation.
Each party, after separating, has an obligation (the obligation continues until Orders are made) to provide full and frank disclosure of all of their financial assets, liabilities and resources.
In some cases, people attempt to hide assets and are not honest in their disclosure as to their true financial position. This may involve non-disclosure of a bank account, or not complying with Court directions, or requests of disclosure by the other party’s legal representatives.
A recent case highlights some of the ramifications that can fall upon a party who acts in such a manner.
In this case, the net matrimonial assets were close to $6,000,000.00. Under cross-examination, the Husband was found to not have included certain monies in his sworn Financial Statement and had previously failed to provide disclosure in a timely fashion.
The Judge made comments in the Judgement and specifically said that the case involved persistent and continuing inadequate disclosure by the Husband and also false and misleading disclosure.
The Court made a considerable adjustment of 8% in favour of the Wife principally because of the behaviour of the Husband in relation to disclosure. The Husband appealed and the Full Court of the Family Court dismissed the Appeal. The Full Court said that the Trial Judge was quite entitled to make such an adjustment and that if the Husband had complied punctually with his obligations and made proper financial disclosure then it could have been argued that the further 8% adjustment was too high. However, in the circumstances invoving specific non-disclosure and conduct by the Husband, the Court dismissed the Appeal.
This case illustrates the importance of disclosure being done properly, thoroughly and accurately. Too often, we see inadequate documents put together which do not accurately reflect a party’s current financial position.
While a party may have a view that the other party should not know about their financial affairs, that is a view that can get a party into serious trouble in any subsequent Court proceeding.
Disclosure has to be given. It must be detailed, accurate, and truthful.
A good family lawyer will not only ensure that proper and detailed disclosure is obtained from the other party, but they will also make sure that their client is educated about their obligations and comlies fully with the obligations of disclosure.
Often, parties are so upset with the emotional breakdown of the relationship that they do not see the relevance nor do they feel inclined to provide detailed and particular disclosure of their financial affairs to their ex-spouse.
However, the law is not sympathetic to such a view.
In some cases, people attempt to hide assets and are not honest in their disclosure as to their true financial position. This may involve non-disclosure of a bank account, or not complying with Court directions, or requests of disclosure by the other party’s legal representatives.
A recent case highlights some of the ramifications that can fall upon a party who acts in such a manner.
In this case, the net matrimonial assets were close to $6,000,000.00. Under cross-examination, the Husband was found to not have included certain monies in his sworn Financial Statement and had previously failed to provide disclosure in a timely fashion.
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
Recently, we have had a number of cases where parties have good prospects to appeal, but a decision has been
© 2024 Hartley Family Law – All Rights Reserved | Privacy | Terms & Conditions
The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.
1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.
2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.
3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.
4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.
5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.
6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.
For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au. If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.
