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Pre-action procedures
In order to encourage separated families to resolve the issues of separation, the Family
Court has introduced compulsory pre-action procedures. This means that in most
circumstances before you go to court you must make a genuine effort to resolve your
dispute before resorting to the courts. This may not apply in situations involving
family violence or child abuse.
Unless your situation is urgent, you must also notify the other party of your intention to
start court proceedings and must identify the issues in your dispute. The information you
are required to disclose depends on the nature of the dispute. In cases relating to
financial disputes both parties are required to disclose very detailed financial
information. If you are being represented by a solicitor they will explain what
information you are required to disclose.
