Case Study 1
Case Study 2
Things to Consider
Items to Collect
Children and Separation
Children - 10 Things to Keep
Your Legal Preparation
Property Settlement - Property Financial Questionnaire
When a couple divorce financial considerations arise. These considerations include questions of spousal maintenance, child support and the partition of assets and debt.
A financial questionnaire is a document framing the income, outgoings and liabilities of a party to a former marriage or de facto relationship.
When completing your financial questionnaire:
- Make sure to sign / date every page of the Questionnaire. You are allowed to attach extra pages if you need more space to answer a question.
- Remember to also sign the statement of truth on the last page of the Questionnaire.
- The Questionnaire must be served to other parties within 21-days of the Case Assessment Conference, or as otherwise directed by a Registrar.
- The other party will also complete the same Questionnaire.
- When completing the Questionnaire you are not permitted to use ‘Not Known’. If you cannot answer a question you must leave the answer blank and that will be addressed by the court.
- If your case goes to court, when you first give evidence before the Judge you will be asked to adopt the facts contained in the Questionnaire as part of your evidence before the court.
- There is an obligation under Rule 13.04 of the Family Law Rules 2004 (the Rules) to make a full and frank disclosure of your financial circumstances to the court and to each other party.
- You should familiarise yourself with section 79 and section 75 of the Family Law Act 1975 (the Act). If there are third parties you may also need to consider Part VIIIAA of the Act and if there is superannuation you will need to consider Part VIIIB of the Act. If the case involves a de facto financial cause you will need to consider Part VIIIAB of the Act.