Why Is Disclosure Very Important in a Family Law Court?
If two separated parents cannot agree on a path forward, then the case may end up in front of a family law court. If this is the case, then each party has a responsibility to provide a certain amount of information to help the adjudicators make a decision. This information will need to be shared on both sides of the aisle, and in legal terms, the process is known as "discovery." Failure to disclose this information can lead to contempt and a judgement that could be considered unfavourable, so what type of documentation needs to be included in this process?
Financial Matters
Financial disagreements often arise following a separation, and it may be difficult to unravel details concerning a person's assets, liabilities and income. Sometimes, relevant information can only be seen in documents that are privy to the individual, and this makes the duty of disclosure even more important than ever.
People in this situation will need to offer a variety of different items such as bank statements, tax returns, payslips, credit card statements, loan agreements and interest earnings. They may also need to provide full details about assets, including appraisals or valuations made. All the aforementioned may be of direct benefit to the individual, but it's also important to disclose any indirect benefits as well. These may originate in assets that are owned by a de facto partner or somebody else entirely.
Parenting Matters
The court may also turn to parenting matters and will need to make crucial decisions regarding the ongoing welfare of each child. In order to come to an agreement, they will need further documentation and the duty of disclosure law applies here as well.
Parents should, therefore, be ready to provide medical or school reports, letters, drawings and other details that may relate to the time that each child has spent with the individual parent. It's also important to produce any negative information that may be relevant, should there have been any history of family violence or reason for intervention by an official agency.
Pledge
Each party will need to pledge that they have understood the relevant laws governing these areas. This is not something to be taken lightly, and it is very important for everyone to understand the gravity of the situation.
Getting Expert Advice
If you're in this situation and you're not sure what items to disclose, then you should talk with a family law office like Ray Swift Moutrage & Associates as soon as possible.