Episode Details

Do you think your divorce proceedings are on its way to court or mediation? The FCFCOA is taking control of the family court timelines with pre-action procedures that must occur before you go to court (unless it is urgent). We discuss the pre-action procedures including mediation that you need to do before you even think about filing in court and the certain letters that need to be shared. We discuss what these procedures are and what happens if you don't do them. We touch on sharing your proposed orders, inviting your ex to mediation and doing your disclosure and if you need a lawyer to do it?

Please note this is general advice only. Please always seek independent legal advice as everyone's situation is different.

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Resources that might help you

FCFCOA Pre-action procedures fact sheet

• Attorney General Website list of FDRP

• Fact sheet on disclosure FCFCOA

You Don't Want to Miss Out On

• What are pre-action procedures for the FCFCOA

• What do you need to do to make these procedures happen

• How to invite your ex to mediation

• How to share your proposed orders with your ex

• Notice of intent to file

• How to share what you want to happen with the children

• How to share what you want to happen with the property

• What the timelines are for responding to your letters

• What situations don't require pre action procedures

• What types of people you need for mediation

• What is the process that happens when you book in mediation

• What is disclosure

• What types of things should you disclose?

• What disclosure is described in the Family Law Act

• How to avoid wasting money in this phase

• Doing your own disclosure

• What you should do if they don't give you disclosure

• What should you do if they don't have disclosure at mediation?

• Guessing a valuation

• What is a redacted disclosure document

• Should you hide names in your disclosure

• Privacy and disclosure

• What is a notice of intent to file

• What to write in a letter when doing a notice of intent to file