Do you swear to tell the whole truth and nothing but the truth?

 A little lie can create a big mess in your Family Law matter

Often, a client will ask me, “My ex-partner is lying in their court material. Will they get in trouble for that?”

The answer to that question is not as simple as, ‘yes’ or ‘no’. I always advise my clients to tell the truth in their material and to speak only from their personal knowledge and experience. In Family Law matters, a party’s recollection of events is based on their own experiences, preconceptions and interpretation of an event in a marriage or relationship. This can differ significantly from the other party’s interpretation of the same event. So, who then is telling the truth?

The short answer is, the ‘truth’ is a matter for the Judge to determine based on all of the evidence that is before them. Only at Final Hearing is all of the evidence tested. Given that many Family Law matters settle prior to Final Hearing, the ‘truth’ may never be determined. 

Having said that, it is very important that all of the information that you put into your court material is true and correct, and is based on your personal knowledge only. Your material must be signed by you under oath or affirmation. In matters involving children, your material will be made available to the Family Consultant, the Family Report writer and the Independent Children’s Lawyer appointed by the court. These people will make recommendations in relation to child arrangements based partly on how credible you appear in your written material and in your consultations with them throughout the court process. 

The act of deliberately giving false evidence in court proceedings is a criminal offence known as perjury. The consequences vary and can include:

1. The Judge varying or setting aside property orders pursuant to section 79A of the Family Law Act 1975;
2. The Judge making a costs order against the party who gives false evidence;
3. The Judge referring the matter to the local criminal prosecutor which could lead to imprisonment.

Your credibility as a witness is paramount. If the Judge finds that you are lying or misleading the Court, even if you have done so unintentionally, it is very difficult, if not impossible, for you to regain the Judge’s trust and to recover your integrity as a witness.

In Family Law matters involving children, lies break down trust between parties which in turn makes it extremely difficult to co-parent effectively. Consequently, this can influence orders that the Judge makes, particularly in relation to parental responsibility.

Don't risk your credibility and the outcome of your case for the sake of a lie.

This article is intended as general information only.