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Family Law - The Legal Obligation of Full And Frank Disclosure

Date: November 08, 2011

Authors: Angelita Manlangit LL.B.

Full and frank disclosure

As at 1 June 2009, the Family Law Rules provides that each party to a case has a duty to the Court and to each party to give full and frank disclosure of all information relevant to a case, in a timely manner.

Such obligation is of particular significance to proceedings relating to spousal maintenance; declarations of interests in property; alterations of property interests; setting aside property orders; maintenance agreements and their termination.

Information relevant to a case

It is often the case that clients are uncertain as to what information is considered relevant to a case. Accordingly, it is of importance to seek assistance from our qualified Family Law Solicitors, in order to ensure compliance with such legal obligation.

In terms of financial circumstances, information relevant to a case include (amongst others) the party’s earnings; interest in property; trust; liabilities; properties that have been disposed in the past twelve (12) months immediately before separation and since the final separation; and any other financial resources.

Failure to comply

Consequences for failure to comply with this legal obligation include:

  • The variation or setting aside of the original orders.
  • The other party may undertake an investigation and seek costs for the investigation from the non-disclosing party.
  • The Court may exclude evidence that is not disclosed.
  • The non-disclosing party may be punished for contempt of Court.
Obtaining information from a non-disclosing party

Despite the abovementioned consequences from failing to comply with the duty to give full and frank disclosure, a problem often encountered is that the other party to the proceedings is not readily prepared to disclose all information relevant to a case. Our Family Law Solicitors possess the expertise and skills to combat such problem. These include carefully analysing the financial statement of the other party, searching public records and obtaining subpoenas (when necessary).

Another problem that is often encountered is that the other party may dispose of their properties, in an attempt to avoid having to disclose it to the Court. In such event, our qualified Family Law Solicitors may assist you in applying for an Anton Pillar Order, in order to obtain and preserve evidence such as financial records.

   

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