I'm in NSW, and I'm looking for advice from anyone who has been through the family law process of obtaining orders for financial disclosure, particularly when self-representing.
I'm separating from my ex, and we're trying to resolve our property settlement. The biggest issue is based on what I know, he is significantly under declaring his income, and he hasn't disclosed all of his assets.
I've tried to resolve this without going to court. I've requested mediation, but my ex ignored the requests and didn't participate I now have a Section 60I certificate. Following that I got a solicitor, several months down several thousands of dollars down and no results.
I have now been self representing and all my emails of detailed requests of financials have been ignored by his solicitor since May this year.
I'm giving him seven days to provide the outstanding disclosure before taking the next step.
At this point, I'm considering applying to the Federal Circuit and Family Court of Australia for orders compelling him to provide full financial disclosure. I also want to explore whether a forensic accountant could be appointed or whether the court could make orders allowing his financial position to be properly investigated.
The problem is that I'm self-representing, and I'm trying to understand the correct procedure before taking any further steps.
I'd really appreciate hearing from anyone who has been in a similar situation, particularly if your ex was self-employed, operating a business, or receiving income that you believe wasn't being properly declared.
My questions are:
How did you apply for financial disclosure orders? Did you file an application seeking interim orders, or was there another process you had to follow first?
What documents did you need to file, and how did you demonstrate to the court that the other party's disclosure was incomplete or unreliable?
If you have evidence suggesting your ex is under-declaring income or hasn't disclosed assets, how did you approach this without making allegations you couldn't yet fully prove?
Has anyone successfully obtained orders for a forensic accountant to investigate a party's financial affairs? If so, how did you go about it, and who paid for it?
Did the court order disclosure of business records, tax returns, bank statements, company records, or other documents that helped establish the true financial position?
For those who self-represented, what were the biggest procedural mistakes to avoid? Were there any resources, guides or duty lawyer services that helped you navigate the process?
Is there anything else I should be doing before filing, given that mediation has been unsuccessful due to his non-participation and I now have the Section 60I certificate?
I'm trying to approach this methodically and make sure I follow the correct pre-action procedures. I don't want to make a settlement offer without having a reasonably accurate understanding of the asset pool and both parties' financial positions.
I'm not looking to unnecessarily escalate the situation. I simply want full and accurate financial disclosure so that a property settlement can be negotiated on an informed basis.
Any practical advice, experiences from people who have successfully obtained disclosure orders, or recommendations for resources specifically relevant to self-representation would be greatly appreciated.
Thank you.