Property Financial Questionnaire
A financial questionnaire is a document which outlines the financial income, expenditure and liabilities of a business, person or other entity. It is important that the information you provide is correct. The financial aspects of divorce include child support, spousal support and property and debt division. Decisions about these aspects of your divorce can be complicated and have long-lasting implications.
It is smart to seek the counsel and representation of an experienced family law solicitor to help you through the process and ensure an outcome that meets your needs not only now, but in the future.
- You must sign and date each page of the questionnaire. Attach extra pages if you need more space to answer any questions.
- You must 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 trial, 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 to the court.
- You have an obligation under Rule 13.04 of the Family Law Rules 2004 to make a full and frank disclosure of your financial circumstances to the court and to the other party.
- You should familiarise yourself with section 79 and section 75 of the Family Law Act 1975. 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.
Armstrong Legal has a team of highly experienced solicitors specialising in family law. For help with financial questionnaires, please contact us.
WHERE TO NEXT?
Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?