A Notice of Intention family law refers to a formal written notice that you may need to issue before starting court proceedings for parenting or financial matters.
This is part of the pre-action procedures, which aim to encourage dispute resolution before involving the court.
The notice informs the other party of your intentions and invites them to negotiate a resolution before legal action begins.
If you are considering family law proceedings, understanding the Notice of Intention and the steps involved can help you navigate the process more effectively.
What is a Notice of Intention in Family Law?
A Notice of Intention is a document that outlines your concerns, proposed solutions, and the legal action you intend to take if a resolution is not reached.
It is required under pre-action procedures in the Federal Circuit and Family Court of Australia (FCFCOA) for both parenting and financial disputes.
The notice must:
- Clearly state the issues in dispute
- Outline what you are asking for (such as parenting arrangements or financial settlements)
- Suggest options for resolving the dispute without court involvement
- Give the other party a reasonable timeframe to respond
This step encourages open communication and allows both parties to explore alternatives to court proceedings, such as mediation or negotiation.
Key Takeaway: A Notice of Intention is a formal step in family law that informs the other party of your concerns and invites them to resolve the dispute before legal action begins.
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When Do You Need to Issue a Notice of Intention?
You must issue a Notice of Intention before filing court proceedings in most parenting and financial disputes. However, there are some exceptions where pre-action procedures may not be required, such as:
- Cases involving family violence or risk to a child
- Urgent applications (e.g., where assets are at risk of being hidden or disposed of)
- Where both parties have already made reasonable attempts to resolve the matter
If none of these exceptions apply, sending a Notice of Intention is a necessary step before applying to the court.
Key Takeaway: A Notice of Intention is generally required before starting family law proceedings unless your case involves urgency, family violence, or prior dispute resolution attempts.
What Should Be Included in a Notice of Intention?
A properly drafted Notice of Intention should include the following:
1. Summary of the Issues
Clearly explain the matters in dispute, such as parenting arrangements, financial settlements, or property division.
2. Your Proposed Resolution
Outline what you believe is a fair resolution. This could include parenting schedules, child support arrangements, or asset division.
3. Invitation to Negotiate or Mediate
Suggest ways to resolve the dispute without going to court, such as family dispute resolution or mediation.
4. A Reasonable Timeframe for Response
Give the other party sufficient time to consider the notice and respond—typically 14 days for financial matters and 21 days for parenting matters.
Key Takeaway: Your Notice of Intention should clearly outline the dispute, your proposed resolution, and an invitation to negotiate within a reasonable timeframe.
How to Serve a Notice of Intention
The Notice of Intention must be sent to the other party in writing, either by post or email. You should keep a record of when and how the notice was served, as this may be important if the matter proceeds to court.
After receiving the notice, the other party can:
- Accept the proposal
- Negotiate a different outcome
- Refuse to engage, in which case you may proceed with filing a court application
If no agreement is reached, you may then proceed with lodging your application in the Federal Circuit and Family Court of Australia (FCFCOA).
Key Takeaway: The Notice of Intention must be served in writing, giving the other party an opportunity to respond before legal proceedings commence.
A Notice of Intention is an important step in family law proceedings. It informs the other party of your concerns, proposes a resolution, and invites them to negotiate before court action begins.
If you are considering family law proceedings, understanding the pre-action procedures can help you approach the process effectively and increase the chances of reaching an agreement without going to court.