Understanding Your Family Law Disclosure Duty in Parenting and Property Matters
Rafton Family lawyers Penrith Richmond Narellan Macarthur experts in divorce separation and property settlement.
In Family Law proceedings involving financial settlement, there is a positive duty on all parties to provide financial disclosure.
What is it?
The duty of disclosure refers to the obligation of parties in family law proceedings to provide all information relevant to the issues in dispute. This duty is fundamental to both parenting and property/financial matters in the Federal Circuit and Family Court of Australia.
Relevant Legal Principles
Since 10 June 2025, the duty of disclosure is now found in the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules. The nature of the duty is the same as it was previously.
Application of Legal Principles
The duty of disclosure is broad: it covers all information and documents relevant to the issues in dispute, whether or not the other party is aware of their existence.
The duty is continuous: it applies from the pre-action stage, throughout the proceedings, and until the matter is finalised. If new relevant information arises, it must be disclosed promptly.
For parenting matters, disclosure is not limited to financial documents. It extends to any material relevant to the welfare of the child, such as medical, psychological, educational, and criminal records.
For financial matters, parties must disclose all information about their financial circumstances, including assets, liabilities, income, and financial resources, whether held directly or indirectly (e.g., through trusts or companies).
Methods of Compliance
Methods of complying with the duty of disclosure include:
- Production of documents
- Providing a list of documents
- Responding to specific questions
- Filing a written undertaking as to disclosure
Consequences of Non-Compliance
Failure to comply with the duty of disclosure can result in significant penalties, including:
- Exclusion of evidence not disclosed
- Adverse findings or inferences by the court
- Costs orders against the non-compliant party
- Dismissal or stay of all or part of the case
- Contempt of court, which may result in fines or imprisonment
- Setting aside of orders made on the basis of incomplete disclosure
At Rafton Family Lawyers, we are able to help you with meeting your duty of disclosure and/or obtaining disclosure from the other party to your case. Contact us today to make an appointment with one of our specialist family lawyers and get started.