In a relationship property dispute, understanding the assets held by your former partner is crucial for achieving a fair division of assets. However, if your former partner controlled the financial affairs during the relationship, obtaining this information may be challenging.

 

Here are several methods to address this issue, some of which do not require full court proceedings:

 

Pre-proceedings Discovery Order:

 

You can apply for an order for discovery before initiating formal court proceedings. This compels the other party to disclose assets and relevant documents such as bank statements and share registers. It’s a cost-effective way to compel disclosure and may lead to a resolution without further court involvement.

 

Interrogatories:

 

If court proceedings have commenced but the other party is still withholding information, you can request them to answer specific questions under oath. Thoughtfully crafted queries can help clarify the dispute, especially when one party is deliberately evasive.

 

Examination of the Other Party:

 

You can petition the court to summon the uncooperative party before the Registrar to answer questions. This compels them to provide evidence under oath, which can be used in court proceedings. False statements may result in perjury charges.

 

Registrar’s Enquiry:

 

The court can appoint the Registrar or another professional to investigate disputed facts and report back to the court. This independent inquiry can shed light on the situation and inform the court’s decision-making process.

 

Deposition of the Other Party:

 

This allows your lawyer to cross-examine the opposing party before the full court hearing. It encourages disclosure and may lead to reasonable settlement offers. False statements during deposition can lead to perjury charges.

 

These methods offer avenues to manage disclosure challenges during relationship property proceedings. However, seeking legal advice from an experienced practitioner is crucial to navigate these processes effectively.

 

Reputable law firms offer fixed-price initial consultations, providing an opportunity to understand your options and receive tailored guidance for your specific situation.