What is the duty of disclosure and why do I have to give my ex-partner all of my

The duty of disclosure in family law is a fundamental legal obligation that requires parties involved in a family law matter to exchange all relevant information related to the issues in dispute in a timely manner as per the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This relates to both property and parenting matters.

Rules around disclosure

Your obligation to disclose information is ongoing. From the outset, you are required to provide all relevant material, and you must continue to update your circumstances and financial position as they change or as new information becomes available until your case is finalised. Under the Family Law Rules, each party must undertake that to the best of their knowledge and ability, they have complied with their duty of disclosure.

Examples of documents and information to be disclosed

Examples of documents that may need to be disclosed include:

• Information on the assets each party owns or has an interest in
• Copies of pay slips, Centrelink statements, tax returns or assessments
• Copies of bank statements and other financial institution details including credit card accounts and loans
• Superannuation statements
• Shareholdings

This is not an exhaustive list and once we receive all information from you, we will provide you with guidance on the further documents specific to your case.

Consequences of failing to disclose

We understand that some clients may be hesitant to disclose certain information if they believe their ex-partner is not being forthcoming with their material. However, failing to disclose all relevant information can have significant consequences, such as:

• Escalating mistrust between you and your ex-spouse, increasing the risk of turning the proceedings adversarial rather than reaching a mediated outcome, potentially leading to higher costs and longer proceedings.
• If we, as your legal representatives, do not have the complete picture, we may be unable to provide you with accurate advice and advocate effectively on your behalf.
• As your legal practitioners, we have a professional responsibility during the disclosure process. If we find ourselves unable to fulfill our ethical and professional obligations, we may have to cease representing you.
• Non-compliance may result in wasted time, increased costs, and legal penalties. The court may exclude evidence, impose consequences for contempt of court, order costs, or issue fines.

The importance of disclosure in family law matters

When it comes to family law property settlements, the rule of thumb is to disclose information rather than withhold it. The more information disclosed, the better your position will be in to progress your case in a timely and cost-effective manner. Disclosure fosters proper negotiation and paves the way for a just and equitable property settlement. 

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