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SA Family Law Act, De Facto and Financial Disclosure - Any Help?

Discussion in 'Family Law Forum' started by Cupcake, 22 December 2014.

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  1. Cupcake

    Cupcake Well-Known Member

    11 December 2014
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    Hi Everyone,
    I have lodged an application in a case and now need to write to the other parties lawyer asking for some financial disclosure. What am I allowed to ask for? I know I can ask for bank statements, credit card statements, trusts etc. Can I ask for copies of loan documents (I've been told this is a good source of information to find hidden assets) and can I ask for copies of lease agreements for their own rental property and also can I ask them to provide evidence of how they funded purchases such as legal fees, rental bonds? Thanks.

    Also, if anyone can help me understand section Family Law Act section 79(10)(aa)i where it states "who is a party to a de facto relationship with a party to the subject marriage;

    My reason for asking this is I am seeking spousal maintenance. My ex lives with a new partner and no doubt will state that his income supports her. I wonder, in this clause am I able to list her as a party to proceedings and therefore ask for full financial disclosure from her. If they are in a defacto relationship, her assets/income would become part of the assets and income....i think? I certainly know it would be the case if I had a de facto, that his income/assets would be brought into question should I seek maintenance.

    Thanks in advance.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Cupcake,

    I assume you are in the Family Court? The other party is required to give full and frank financial disclosure and this is governed by specific Family Law Rules (13.04 and 12.02).

    Your spouse is required to disclose his or her total direct and indirect financial circumstances. This would include all sources of income, earnings, property interest, and other financial resources. This applies whether the assets or income are paid to or held by your spouse directly or by a corporation, another person, a trust or other structure. They are also required to give information about any property that has been disposed of in the year immediately prior to your separation. You can phrase your request in very broad terms.

    For further information check out this site -
    Sarah J likes this.

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