financial questionnaire outlines the income, expenditures and liabilities of a party
A financial questionnaire in relation to divorce is a document that outlines the income of a party, the expenditures and liabilities that are necessarily connected with the divorce such as child support, spousal maintenance , assets and debt division.
It is important that the information provided in the financial questionnaire is accurate. It would be prudent to seek the aid of a lawyer or an experienced family law solicitor because the financial aspects of divorce can be quite complicated and have long-lasting implications.
Tips on how to accomplish the Financial Questionnaire:
- Sign and date each page. Attach extra pages if the space is not enough for answers.
- Sign the statement of truth on the last page.
- Serve the questionnaire to the other parties within 21 days of the Case Assessment Conference, or as directed by the Registrar.
- Placing “Not Known” on the Questionnaire is not permitted. Just leave the answer blank if you cannot answer the question. It is up to the Court to address it.
- If the case proceeds to trial, when you testify in court you will be asked to adopt the facts stated in the Questionnaire as part of your evidence.
- In keeping with Rule 13.04 of the Family Law Rules 2004 you are obligated to make a full and frank disclosure of your financial circumstances.
Familiarize yourself with Section 79
and Section 75 of the Family Law Act (FLA). If there are third parties involved also read Part VIII AA of the FLA. For superannuation read Part VIII B of the FLA. For de facto financial cause read Part VIII AB of the FLA.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.