The duty of disclosure is a duty that applies to both parties in a separation. It is the duty to fully disclose all financial assets, liabilities and circumstances to your ex-partner and the court so that a fair settlement can be reached.
A common criticism of the Australian Family Courts is that they are too expensive. Running a family law matter all the way to a final hearing can cost more than $100,000 per party, an expense that many separating families can simply not afford. The lack of access to the court system resulting from the significant financial costs means that vulnerable parties are forced to accept a less-than-ideal settlement.
You may have heard of the following scenario:
The Lighthouse Project is an initiative taken by the Family Court of Australia and the Federal Circuit Court which aims to improve outcomes for families involved in the family law system. The Lighthouse Project is currently being piloted in the Federal Circuit Court registries in Adelaide, Brisbane and Parramatta.
Separation is not only a difficult time for the parties involved, but the children as well. Australian family law expresses children’s right to enjoy a meaningful relationship with both parents, including their protection from any form of harm.