The Divorce Course Podcast7 Helmi 2023

The steps to take before going to Family Court - FCFCOA Pre-Action Procedures overview

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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Podcast Episodes that are related to this topic

DIY DISCLOSURE EPISODE

Divorcing a Statue Episode

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

Pre-Action Procedures

Central Practice Direction

What happens after sending the notice of intent to file letter

What are the next steps after the pre action procedures?

How long to wait between each step?

What is a genuine steps certificate?

Post Separation Abuse and how the pre action procedures will help stop it

What happens if you don't follow the pre action procedures

What happens if you have not complied

Do you need a lawyer to help you with the pre action procedures required by the FCFCOA?

Do you need a lawyer for your meditation?

What does it cost to go to mediation in the pre action procedure stage?

What do you do if the other side is threatening to take you to court and they haven't done the pre action procedures.

If you need emergency help you can also contact:

WOMEN'S SHELTER SERVICE
LEGAL AID
Lifeline 13 11 14
Mensline Australia 1300 789 978
Kids Help Line 1800 551 800
Aboriginal Family Domestic Violence Hotline 1800 019 123
Relationships Australia
Police on 000
DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill
DV Connect Mensline on 1800 600 636
National DV line on 1800 737 732.1800RESPECT 1800 737 732

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

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