Springwood Lawyers

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Commencing court proceedings for property settlement

If you have exhausted all reasonable efforts to negotiate a property settlement agreement outside of court, it may be time to initiate court proceedings.

How do you go about doing this? To commence proceedings in the Federal Circuit  for property matters, you are required to file three (3) documents being as follows:

1. Initiating Application

This document sets out the orders you ultimately want the court to make. You may need short term or urgent orders also, and in such circumstances you will also need to ask the Court to make what are called "interim orders".

2. Affidavit

This document sets out your evidence in support of why the court should make the orders you are seeking in your Initiating Application.

3. Financial Statement

This document sets out your weekly income and expenses, as well as your assets (including superannuation entitlements) and your liabilities.

It is very important that your documents are prepared properly and are correct. Poorly prepared or inaccurate documents can negatively impact the outcome of your case.

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