09 Jan Disclosure – Show and Tell or Hide and Seek?
The process of providing full and frank disclosure in a property settlement matter is not a new concept by any means. Oddly, in some cases obtaining information one party has a right at law to obtain is like pulling teeth.
Disclosure is mandatory and each party must provide to the other any and all documents relevant to establishing the asset pool available for division, the contributions each party made to those assets and information relevant to their future needs.
Unfortunately, the absence of complete transparency of disclosure is one of the primary reasons property matters can drag on and on and clog the already strained Court resources, while parties argue about what they should and should not be required to disclose and/or have disputes about what information is able to be obtained under Subpoena.
Disclosure is not a hide and seek game, but rather a show and tell, all cards on the table process. The information will eventually come out, one way or the other, so family law litigants ought to do themselves a favour and significantly reduce their legal fees by being as open and honest as they can be as quickly as possible, such that the lawyers can focus on meaningful settlement discussions at the earliest.
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