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Difference between revisions of "Overview of Case Conferences and Discovery in Family Law Matters"

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==Things to keep in mind==
==Things to keep in mind==
Before reviewing the usual next steps:
Before diving in, pause and remind yourself:
#Do remember that moving towards trial and trying to reach a settlement are not mutually exclusive approaches;  although you may be taking steps to ready yourself for the eventual trial date, you can continue to try to negotiate a settlement with the other party, on one or more issues in the court proceeding, at the same time.  Also, as you learn more about the strengths and weaknesses of the other party’s case and the strengths and weaknesses of your own, be sure to reconsider your settlement options. Settlement discussions remain an available approach even though you are scheduling a trial date.
#Preparing for trial and trying to reach a settlement ''are not'' mutually exclusive approaches. Although you may be taking every step to ready yourself for the eventual trial date, you can continue to try to negotiate a settlement (or even a settlement on some issues) with the other party. These things can happen at the same time.  Also, as you learn more about the strengths and weaknesses of the other party’s case and the strengths and weaknesses of your own, be sure to reconsider your settlement options. Settlement discussions remain open even though you are scheduling a trial date.
#Be aware of your legal obligation to disclose information to the other party. Under section 5 of the ''[[Family Law Act]]'' each “party to a family law dispute provide to the other party full and true information for the purposes of resolving a family law dispute”.   This means that as a party, you have to provide to the other party full and accurate information about your finances and other personal circumstances that are relevant to the issues in the court proceeding. If you don’t, any agreement or order entered into could be set aside on the basis of the false information, financial penalties may be awarded against you, and/or your credibility may be compromised if you find yourself in trial.   
#Be aware of your legal obligation to disclose information to the other party. Under section 5 of the ''[[Family Law Act]]'' each party must provide "true information for the purposes of resolving a family law dispute." This means that as a party, you have to provide the other party with full and accurate information about your finances and other personal circumstances that are relevant to the issues in the court proceeding. If you don't, any agreement or order entered into could be ''set aside'' on the basis of the false information. Financial penalties may be awarded against you, or your credibility may be compromised if you find yourself in trial.   


==Steps involved==
==Steps involved==