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The New Mandatory Self-Disclosure Rule in New Hampshire's Family Division
Although its effective date was postponed, new Family Division Rule 1.25-A (Rule) will bring significant changes to the practice of family law in New Hampshire. The Rule requires parties to produce financial information shortly after the commencement of a family court proceeding, without waiting for discovery requests to be propounded.
The Rule was adopted as part of an ongoing effort to increase efficiency in the process of domestic relations cases. Compliance with this Rule should assist parties and counsel in avoiding many costly and time-consuming discovery disputes. By codifying the expectations of which types of information must be produced, the Rule creates a uniform approach to financial discovery. This Rule provides for the exchange of basic discovery early on in the case, which starts the parties off on a positive note because they are exchanging and sharing information rather than litigating contested issues. In domestic relations cases, the parties do not always have equal access to information about financial matters. Requiring mandatory disclosure may assist in leveling the playing field, allowing both parties access to information, which in turn should enable them to prepare for settlement discussions.
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