Testing evidence in family law cases

Testing evidence in family law cases is very important to the outcome.

Only a small percentage of people will become involved in family court proceedings. Most former couples will reach an agreement without going to court. Many of those people will have their agreement confirmed by consent orders issued by the Family Court of Australia. Testing evidence in family law proceedings will not then be something that will concern those seeking consent orders without going to court.

For those who are involved in court proceedings and who have to go through to a trial of the issues in their case, testing evidence and bringing to the attention of the court weaknesses in the other party’s case can fundamentally effect the final orders that are made by the court.

If you are needing assistance preparing your family law case, including regards testing evidence of your former partner or regards any family law issues, contact our experienced Brisbane divorce lawyers or our divorce lawyers North Brisbane. We can assist you in all areas of family law, including regards family law property division, child custody arrangements,  maintenance claims, obtaining a divorce or in any other family law matter. Our  experienced divorce solicitors and accredited family law specialist provide practical, effective advice, assisting you to resolve your family law matter so that you can get on with life! You are also welcome to read on for further information right now………

For example, if your former partner owns a business and you are seeking final property orders, it will be important that you obtain independent evidence concerning the value of the business where there is a dispute as to value. If you do not challenge your former partner’s assertions as ot value of the business, the trial judge may be willing to accept your former partner’s asserted value.

By way of a further example, if your former partner does not provide evidence of his or her income but simply provides a figure in his financial statement for his or her income, unless you can produce evidence of the amount of that income or challenge that assertion as to income level by cross examination of your former partner, the trial judge may have no other course but to accept your former partner’s assertion.

In Offerman & Offerman [2018] FCCA 3805 in the Federal Circuit COurt of Australia, the trial judge, considering final property orders to be made, was placed in this position when the Wife was failing in testing evidence put forward by the Husband. The Court accepted the Husband’s assertion as to his income level which was not addressed by the other party in cross examination.    The Wife’s assertion as to her income level was also accepted where she had not produced any payslip evidence but neither did the Husband seek to cross-examine the Wife on the issue.

Contact our divorce lawyers Brisbane or divorce lawyers Brisbane Northside for advice concerning your family law issues.  Our goal is to assist our clients to reach an amicable agreement with their former partner without the need to go to Court. If however court action becomes necessary, we have the experience to represent you at Court.

The information set out in this blog is not a substitute for legal
advice. We recommend that you obtain advice tailored to your particular
circumstances from our Brisbane divorce lawyers or our divorce lawyersBrisbane
Northside.