Australian Family Law Fact Finder

7/29/2019 Australian Family Law Fact Finder

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This form is not a legal advice. You should seek advice from your lawyer about any of the matters in

this form.

Family Law - Fact Finder

The list below contains the type of documents that we would require either at your initial consultation or soon after:

1) Bank statements and mortgage statements for past three years

2) Credit cards account statements for past three years

3) Tax assessments for past three years

4) Tax returns for past three years

5) Superannuation last statement (for SMSF - 3 most recent financial statements)

6) Business activity statements for past three years if applicable

7) Pay slips for past 12 months

8) Financial resources - e.g. future entitlements to long service leave, future inheritance

9) Trust financial statements for past three years

10) Information about disposal of property in past 12 months

11) Liabilities and contingent liabilities

12) Most recent annual return statement for your company if applicable

13) Copies of any existing court orders, agreements, parenting plans or undertakings

14) Copies of Certificates of Title if applicable

15) Copy of Marriage Certificate if applicable

You mu st make fu l l and frank disc losure of yo ur f inancia l c i rcumstances.

Fai lure to do so is l ikely to be detr imental to your case.

Is there a financial binding agreement in relation to property between you and the other party?*

Please choose the areas of law for which you will be seeking advice*

Divorce Property settlement Children matters Other:

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Your Details

Your name*

First Name

Last Name

Your gender*

Your email address*

Your date of birth*

Your residential address*

City

State/Province

Zip/Postal

Your mailing address if different*

City

State/Province

Zip/Postal

Your country of birth*

When did you arrive in Australia?*

How well do you speak English?*

Very well

Well

Not very well

I need an interpreter

Your mobile phone number*

Your phone number*

A number that you would be comfortable to be called on

Are you*

Presently in Australia?

An Australian citizen?

Ordinarily residing in Australia?

Domiciled in Australia

Check All

Select all that apply

Your Spouse's DetailsYour spouse includes a marriage or de facto partner (de facto relationship of at least two years)

Full name of spouse*

First Name

Last Name

Your spouse's address*

City

State/Province

Zip/Postal

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3/27

Spouse's phone number*

Spouse's email address*

DOB of Spouse*

Is there a court order in relation to a previous marriage or de facto

relationship of your spouse?*

Applicable if your spouse has been in a previous marriage/de facto relationship

Spouse's country of birth*

Date of spouse's arrival in Australia*

How well does your spouse speak English?*

Very well

Well

Not very well

I need an interpreter

Is your spouse legally represented?*

Name of lawyer acting for your spouse*

First Name

Last Name

Name of lawyer acting for your spouse*

City

State

Postcode

Your employment details at the commencement of cohabitation

Were you employed at the commencement of cohabitation?*

Yes

No

What was your occupation at the commencement of cohabitation?*

Give details of your employment*

full time

part time

permanent

casually

on contract

What was the name of your employer?*

What was the address of your employer?*

City

State/Province

Zip/Postal

When did you start work with that employer?*

3


4/27

Were you self employed?*

Yes

No

Name of company/trust/partnership/business*

What were your weekly hours of work?*

$

What was your weekly income before tax?*

$

Provide approximate number if you can't remember

Your spouse's employment details at the commencement

of cohabitation

Was your spouse employed at the commencement of cohabitation?*

Yes

No

What was the name of your spouse's employer?*

What was your spouse's occupation?*

Give details of your spouse's employment at the commencement of cohabitation*

full time

part time

permanent

casually

on contract

Was your spouse self employed at the commencement of cohabitation?*

Yes

No

What was the name of your spouse's company/trust/partnership/business?*

What was your spouse's weekly income before tax?*

$

Provide approximate figure if can't remember exactly

What were your spouse's weekly hours of work?*

$

Your employment history during the relationship

Have your employment arrangements changed since the commencement of cohabitation?*

Yes

No

Nature of your work, experience and qualifications:*

Are you employed?*

Yes

No

What is your current occupation?*

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5/27

Give details of your employment*

full time

part time

permanent

casually

on contract

What is the name of your current employer?*

What is the address of your employer?*

City

State/Province

Zip/Postal

Since when have you been employed at this place?*

Are you self employed?*

Name of company/trust/partnership/business*

Are you in one of the following categories:*

Pensioner or a benefit recipient, or hold a health care card

Receiving Legal Aid, Abstudy or Austudy

In prison or otherwise legally detained

None of the above

Your spouse's employment history during the relationship

Have your spouse's employment arrangements changed since the commencement of

cohabitation?*

Yes

No

Is your spouse employed?*

Yes

No

Spouse's occupation*

Give details of your spouse's employment*

full time

part time

permanent

casuallyon contract

How many hours does your spouse work per week?*

Approximate number of hours if not sure

Spouse's current employer*

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6/27

Are you aware of any changes likely to occur in relation to your spouse's employment?*

Spouses's current employer address*

City

State/Province

Zip/Postal

Is your spouse self employed?*

Name of your spouse's company/trust/partnership/business*

Spouse's current income*

$

Weekly income before tax

Do any of the following factors limit or prevent your spouse's employment?*

Lack of training

Age

Lack of experience

Years out of the workforce

Need or desire to be available to the children

Other:

Details of current spouse or de facto partner

Do you currently have a patner?*

Yes

No

Do you live together with your current partner?*

Do you plan to live together with your current partner?*

When did you start living together with your current partner?*

Is there a financial benefit to you arising out of the cohabitation with your current

partner?*

For example paying a mortgage, car expenses, bills etc.

Full Name of current partner*

First Name

Last Name

Address of current partner*

City

State/Province

Zip/Postal

DOB of current partner*

Is your current partner employed?*

Occupation of current partner*

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7/27

Income of current partner*

$

Weekly income

Financial commitments of current partner*

Give a short description

Current partner employer's address*

City

State/Province

Zip/Postal

About the relationship of the parties

Your marital status*

MarriedDivorced

De facto

When did you and the other party begin living together?*

If you can't remember the exact date give an approximate date

When did you and the other party marry?*

Give date if you have married

Country of marriage ceremony?*

Country of marriage

Location of marriage ceremony*

City of marriage

Location of Marriage Certificate*

In my possession

In the possession of my spouse

I don't know

Other:

When did you and the other party finally separate?*

This is the date when you stopped living as husband and wife. You may have separated but continued to live

under the same roof

Brief reasons for separation*

Did any of you leave home?*

I left home

My spouse left home

Other:

Has there been any significant periods of separation that occurred during the relationship/marriage? *

Please describe periods of 3 or more months of separation. Do not include periods of separation due to work

commitments

How many periods of separation lasting more than 3 months?*

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8/27

Start of first period of separation*

Approximate start date of period of separation

End of first periods of separation*

Approximate date of period of separation

Start of second period of separation *


End of second period of separation *


Start of third period of separation *


End of third period of separation *


When did you and the other party get divorced?*

Give date of divorce order if applicable

Where did you and the other party get divorced?*

Country where you divorced

In what city did you get divorced?*

City where you divorced

About the Children

Please include details about all children that are under 18 years of age.

Do you or your spouse have any children under 18 together or from a previous

relationship?*

How many children?*

Include all children of either party

Child 1*

First Name

Last Name

Child 2*

First Name

Last Name

Date of birth Child 1*


Gender Child 1*

Gender Child 2*

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9/27

Full name of mother of Child 1?*

First Name

Last Name

Full name of mother Child 2*

First Name

Last Name

Full name of father Child 1*

First Name

Last Name


First Name

Last Name

Does Child 1 have any special needs?*

Does Child 2 have any special needs?*

Describe daily requirements to meet special needs of Child 1*

Describe daily requirements to meet special needs of Child 2*

State with whom Child 1 lives when not in your care*

Mother

Father

Other:


Mother

Father

Other:

Days of the week Child 1 lives with you:*

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Other:

Please tick


Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Other:

Please tick

Child 3*

First Name

Last Name

Child 4*

First Name

Last Name



Gender Child 3*

Gender Child 4

*

9


10/27


First Name

Last Name


First Name

Last Name


First Name

Last Name


First Name

Last Name


Mother

Father

Other:


Mother

Father

Other:


Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Other:

Please tick


Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Other:

Please tick

Child 5*

First Name

Last Name

Child 6*

First Name

Last Name



Gender Child 5*

Gender Child 6*

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11/27


First Name

Last Name


First Name

Last Name


First Name

Last Name


First Name

Last Name

Describe any special needs of Child 5 if any*

Describe any special needs of Child 6 if any*


Mother

Father

Other:


Mother

Father

Other:


Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Other:

Please tick


Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Other:

Please tick

About other Court cases and orders

Are there any ongoing cases in this or any other Court about family law?*

Yes

No

Court name and place*

Next Court date*

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12/27

State the names of the parties*

State the nature of the orders sought*

Eg. Property Settlement, Parenting Orders

Are there any existing orders, agreements, parenting plans or undertakings to a court about family law, child support, family violence

or child welfare concerning any of the parties or children listed on this form?*

Yes

No

Is any party currently bankrupt or currently a debtor in bankruptcy proceedings?*

Yes

No

If the matter goes to Court tick the type of orders that you would be seeking*

Share of land

Share of cash

Chattels (detailed list of all assets)

Accommodation

Caveat/injunction

Prevent dissipation of assets or blow-out of overdraft

Spousal maintenance

Parenting arrangements

Child support/maintenance

Costs

Other:

Your Weekly Income

Type "0" if none

Total salary or wages before tax*

$

Insert a weekly figure for your gross salary or wages from all paid employment

Investment income before tax*

$

Specify a weekly figure for all interest paid to you by any bank, building society or credit union,

any interest paid to you on a mortgage, any dividend on shares or any income from any rental

property.

Government benefits*

$

Specify any payment to you from any government, including any overseas government

Income from business/partnership/company/trust*

$

Weekly income

Maintenance/Child Support*

$

Weekly income

Is there a formal assessment of child support by Agency?*

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13/27

Date of Child Support Agreement*

History of child support payments*

regular

irregular

defaulted

Benefits from employment/business*

$

Other income*

$

Type "0" if none

Total weekly income*

$

Total weekly income is calculated automatically using the figures above

Other income earners in your household

Name, age and relationship to you and gross weekly income*

Expenses paid by others for your benefit

Paid by, type of expense and how much*

Weekly payment

Gifts, lottery wins and inheritance

Have you received a gift of money from any of your relatives or friends while living with the other party?*

Yes

No

Total amount of gift*

$

From your parents

Have you received a gift of money from any of the relatives or friends of the other party while living with the other party?*

Yes

No

Total amount of gift*

$

From parents of other party

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14/27

Have you or the other party had any lottery wins?*

Yes

No

Include amounts higher than $2000

Winning amount*

$

Include amounts higher than $2000

Have you received an inheritance while living together?*

Yes

No

Inheritance*

$

Value

Has your spouse received an inheritance while living together?*

Yes

No

Your spouse's inheritance*

$

Value

Personal Weekly Expenditure

Type "0" if none

Income tax*

$

State all income tax deducted by your employer weekly

Superannuation*

$

State your weekly contribution to superannuation funds other than contributions made by your employer

Home mortgage payments/Rent*

$

Weekly payment for the home in which you live

Other mortgage payments*

$

Specify the weekly mortgage payments made by you on any property other than the home in which

you live

Home rates, unit levies*

$

Specify for the home you live all compulsory rates and taxes, including water and

local government charges, and unit levies that you pay

Other rates, unit levies*

$

Weekly expenses for properties other than your home

Life insurance premiums*

$

Other insurance premiums*

$This covers all insurance other than life insurance (e.g. health, house, contents, car, workesr

compensation, personal accident and professional negligence

Motor vehicle registration*

$

Insert "0" if none

Hire purchase/Lease agreement*

$

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15/27

Loan repayments*

$

Weekly repayment amount

Maintenance payments/child support*

$

Insert "0" if none

Other expenditure*

$

Total expenditure*

$

Minimum credit card repayments*

$Weekly repayments

Financial Resources

Do you or your spouse has an interest in a trust?*

I have an interest in a Trust

My spouse has an interest in a Trust

Both, my spouse and I have an interest in a Trust

Neither of us have an Interest in a Trust

For example: Family or Fixed Trust

Value of trust interest*

$

Who is the Trustee of the Trust?*

Who are the beneficiaries of the Trust?*

Do you or the other party has an interest in a deceased estate?*

I have an interest in a deceased estate

My spouse has an interest in a deceased estate

We both have interests in deceased estates

Neither of us has an interest in a deceased estate

Value of deceased estate interest*

$

Do you or your spouse have any redundancy or long service leave(LSL) entitlements?*

I have

My spouse has

We both have

Neither of us do

Value of LSL interest*

$

History of property acquisitions

15


16/27

Property owned by your spouse at the commencement

of cohabitation

Include details of all Australian and foreign owned property

Did your spouse own any real estate (properties)?*

Includes real estate owned solely by your spouse or by your spouse and someone else

How many properties did your spouse own?*

Address of Property 1 owned by your spouse*

City

State/Province

Zip/Postal

Address of Property 2 owned by your spouse*

City

State/Province

Zip/Postal

Full names of registered owners of Property 1*


Purchase price of Property 1?*

$


$

What was your spouse's financial contribution to the purchase price of Property 1?*

$

For example - initial deposit, stamp duty fees, mortgage payments

What was your spouse's financial contribution to the purchase price of Property 2?*

$


Was there a mortgage on Property 1?*


What was the amount of mortgage on Property 1?*

$

Include the initial mortgage amount

What was the amount of mortgage on Property 2? *

$


Does your spouse still own Property 1?*

Does your spouse still own Property 2?*

What is the current market value of Property 1?*

$

A formal valuation may be required with details about the value of the property at the

commencement of cohabitation, at date of separation and present date


$



What was the sale price of Property 1?*

$


$ 16

* *


17/27

Value of your spouse's investments*

$

The total value of all investments excluding real property

Value of your spouse's bank accountants*

$

Include deposits in all types of financial institutions

Value of your spouse's car/s*

$

Type "0" if unknown

Your spouse's interest in a business*

$

Type "0" if unknown

Your spouse's household contents*

$

Type "0" if unknown

Your spouse's superannuation interest*

$

Type "0" if unknown

Total of property owned by your spouse at the commencement of cohabitation.*

$

Type "0" if unknown

Your spouse's liabilities at the commencement of cohabitation

Did your spouse have any liabilities at the commencement of cohabitation?*

Amount of Loans*

$

State the total of all loans including money borrowed from parents or friends

Your spouse's other personal liabilities*

$Specify any other personal liability such as HECS debt, any outstanding legal fees, or any taxation other

than income tax

Total of your spouse's liabilities at the commencement of cohabitation*

$

Property owned by you at the commencement of cohabitation


Did you own any real estate (properties)?*

Includes real estate owned solely by you or by you and someone else

How many properties did you own?*

17

* *


18/27

Address of Property 1*

City

State/Province

Zip/Postal


City

State/Province

Zip/Postal




$


$

What was your financial contribution to the purchase price of Property 1?*

$



$





$



$


Do you still own Property 1?*



$A formal valuation may be required with details about the value of the property at the



$A formal valuation may be required with details about the value of the property at the



$


$


City

State/Province

Zip/Postal


City

State/Province

Zip/Postal




$

Give an estimate if you can't remember exact figure


$

Give an estimate if you can't remember exact figure

18

* *


19/27


$



$





$



$





$




$




$


$

Investments*

$


Value of your bank deposits*

$

Include deposits in all types of financial institutions

Your car value*

$

Type zero if none

Interest in a business*

$

State your best estimate of the gross market value as if the business, partnership or the

shares of the proprietary company were to be sold on the open market today. If owned with

another person, state the value of your share

Household contents*

$

State the total second hand value of all household contents in your possession

Superannuatin interest*

$

Type zero if none

Total of property owned by you at the beginning of cohabitation*

$

Your liabilities at the commencement of cohabitation

Did you have any loans at the commencement of cohabitation?*

Amount of Loans*

$


19

* *


20/27

Credit/Charge cards*

$

Specify the amount owing by you now

Other personal liabilities*

$

Specify any other personal liability such as HECS debt, any outstanding legal fees, or any

taxation other than income tax

Other personal business liabilities*

$

Specify any liabilities that you have arising from an interest you have in a business, either as a

sole trader or as a partner

Total of your liabilities at the commencement of cohabitation*

$

Property acquired during the course of cohabitation


Did you and/or your spouse acquire any real estate (properties) during the period of

cohabitation?*

How many properties did you and/or your spouse acquire during the period of

cohabitation?*

Address of Property 1 acquired during cohabitation*

City

State/Province

Zip/Postal


City

State/Province

Zip/Postal

Was Property 1 your matrimonial home?*


What was the date of purchase of Property 1?*

Give approximate date if you cant' remember exact date



Who are the registered owners of Property 1*

I am the sole registered owner

My spouse is the sole registered owner

Both, my spouse and I are the registered owners

Other:





Other:


$

Provide approximate price if you can't remember exact price


$


Was there a mortgage on property 1?*


20

Wh t th t f t P t 1?* Wh t th t f t P t 2?*


21/27


$


$




$




$



How much is now owing on Property 1?*

$

Provide approximate number if you can't remember exact amount


$



$


$

What was the date of Sale of Property 1?*

Provide approximate date if you can't remember exactly

What was the date of Sale of Property 2?*

Provide approximate date if you can't remember exactly


City

State/Province

Zip/Postal


City

State/Province

Zip/Postal















Other:


$



$




21

Wh t th t f t P t 3?* Wh t th t f t P t 4?*


22/27


$


$




$




$




$



$



$


$

What was the date of sale of Property 3?*


What was the date of sale of Property 4?*


Funds in banks and other financial institutions*

$

Insert "0" if none

Investments*

$


Life insurance policies*

$

State the value of all policies of life insurance on your life or owned by you on the life of

another

Car one value*

$

Type zero if none

Car two value*

$

Type zero if none

Do you have an interest in any of the following:*

Business

Company

Sole Trader

Partnership

Other:

Who are the company directors?*

Type all directors' names

Who are the company shareholders?*

Type all shareholders' names

22

Date of incorporation* Interest in a business*


23/27

Date of incorporation

Interest in a business*

$

State your best estimate of the gross market value as if the business, partnership or the

shares of the proprietary company were to be sold on the open market today. If owned with

another person, state the value of your share

Household contents*

$

State the total second hand value of all household contents in your possession

Award of damages in a personal injury claim*

$

Date of Award*

Other personal property*

$

Identify all other personal property owned by you or in your possession, such as money owed

to you, a boat or jewellery. If owned with other person, state the value of your share.

Do you have a Self Managed Superannuation Fund(SMSF)?*

Who is the Trustee of the SMSF?*

Who are the Members of the SMSF?*

Superannuatin interest*

$

Type zero if none

Total of property owned*

$

Your Current Liabilities

Home mortgage*

$

Amount owing

Other mortgages*

$

Amount owing

Total income tax assessed for the current financial year*

$

State the total income as assessed and still owing including penalties. Do not include amounts

automatically deducted from your income by your employer

Total income tax assessed and unpaid in previous financial years*

$

State the total income tax assessed and still owing, including penalties, from previous financial

years

Loans*

$


Credit/Charge cards*

$

Specify the amount owing by you now

23

Hire purchase/lease* Other personal liabilities*


24/27

Hire purchase/lease

$

Specify the amount required to pay this debt in full immediately - payout figure

Other personal liabilities

$

Specify any other personal liability such as HECS debt, any outstanding legal fees, or any

taxation other than income tax

Other personal business liabilities*

$

Specify any liabilities that you have arising from an interest you have in a business, either as a

sole trader or as a partner

Have you disposed of any assets in the 12 months before separation?*

$

Please, indicate what amount you have received if any

Total of your liabilities*

$

Contributions during the relationship and marriage

Financial Contributions made by me

(s 79(4)(a) or s 90SM(4)(a) as applicable)

Did you contribute the property and assets that you owned at the commencement of cohabitation to the

relationship?*

Did you apply the income that you earned during the relationship to

the benefit of your family during the times when you lived together?

*

Did you make a direct financial contribution to the conservation of property?*

Examples would be payment of the cost of ordinary repairs and maintenance to a matrimonial home, such as

roofing, guttering, plumbing, electrical repairs, garden maintenance etc.

Did you make a direct financial contribution to improvement of

property?*

For example building a family room at the back of the matrimonial home,

constructing a garage, or adding a second story. An act of improvement

results in an increase of the value or utility of the property.

Has a member of your family provided free or subsidised accommodation?*

For example parents, grandparents or other relatives providing rent free accommodation

Have you provided the free use of property which resulted in

savings?*

Have you made a gift to your spouse which has enabled your spouse to acquire an asset or discharge a

debt?*

Were there any agreements between the parties about the use of

their money?*

24

Did you and your spouse maintain any of the listed accounts during the relationship?* Has any of your family members provided free child minding on a


25/27

Did you and your spouse maintain any of the listed accounts during the relationship?

Joint Account/s

My own account/s

Spouse's own account/s

Check All

Other:

y y y p g

regular basis?*

Financial contributions made by my spouse

(s 79(4)(a) or s 90SM(4)(a) as applicable)

Did your spouse contribute the property and assets that your spouse owned at the

commencement of cohabitation to the relationship?*

Did your spouse apply the income that your spouse earned during the

relationship to the benefit of your family during the times when you lived

together?*

Did your spouse make a direct financial contribution to the conservation of property?*

Examples would be payment of the cost of ordinary repairs and maintenance to a matrimonial home,

such as roofing, guttering, plumbing, electrical repairs, garden maintenance etc.

Did your spouse make a direct financial contribution to improvement of

property?*

For example building a family room at the back of the matrimonial home, constructing

a garage, or adding a second story. An act of improvement results in an increase of

the value or utility of the property.

Has a member of your spouse's family provided free or subsidised accommodation?*

For example parents, grandparents or other relatives providing rent free accommodation

Has your spouse provided the free use of property which resulted in savings?*

Has any of your spouse's family members provided free child minding on a regular basis? *

Non-financial contributions made by me

(s 79(4)(b) or s 90SM(4)(b) as applicable)

Have you made any non-financial contributions to the preservation, improvement and preservation of the property of my spouse

and myself?*

Include details of any personal work carried out to improve property, for example renovations, building construction

25

Non financial contributions made by my spouse


26/27

Non-financial contributions made by my spouse

(s 79(4)(b) or s 90SM(4)(b) as applicable)

Has your spouse made any non-financial contributions to the preservation, improvement and preservation of the property of my

spouse and myself?*

Include details of any personal work carried out to improve property, for example renovations, building construction

Conduct of the Parties during the relationship

Is there a current Violence Restraining Order for:*

Your protection

The protection of your spouseNeither of the above

Other:

Have you experienced any domestic violence during the relationship?*

Contributions made by me to the welfare of the family

(s 79(4)(c) or s 90SM(4)(c) as applicable)

Provide particulars of the chores that you performed which were associated with the daily care of the

children*

Select the household chores that mainly you were responsible for*

Cooking

Ironing

Cleaning

Shopping

Other:

Your health

Are you in good health?*

Is your illness or injury long term?*

Please give details of your medical condition/s*

Does your bad health or il lness affect your ability to earn an income?*

26

Does your illness or injury affect your ability to care for your children?* Has your ill-health or injury been caused by or contributed to by your spouse?*


27/27

y j y y y y

y j y y y y p

For example through domestic violence

Is your ill-health or injury likely to affect your life expectancy?*

Your spouse's health

Is your spouse in good health?*

Is your spouse's illness or injury long term?*

Please give details of your spouse's medical condition/s*

Does your spouse's bad health or i llness affect your spouse's ability to earn

an income?*

Does your spouse's illness or injury affect your spouse's ability to care for the children?*

Has your spouse's ill-health or injury been caused by or contributed to by you?

*

For example through domestic violence

Is your spouse's ill-health or injury likely to affect your spouse's life expectancy?*

For online example of this formclick here.

27
http://www.formstack.com/forms/tanandtan-property_settlement_contributionshttp://www.formstack.com/forms/tanandtan-property_settlement_contributions

Australian Family Law Fact Finder

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Transcript of Australian Family Law Fact Finder