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

Make sure you hit SUBSCRIBE so you don’t miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you’ve found this episode helpful, please leave a rating and a review so it can help others. Thank you. 

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