Home Family Law Court Processes Duty to Disclose in Family Law Matters

Duty to Disclose in Family Law Matters

Fernanda Dahlstrom

Duty to Disclose in Family Law Matters

In all family law matters, parties are required to make full and frank disclosure of information and documentation relevant to the matter. During 2025, amendments were made to the Family Law Act 1975 in respect of the consequences of non-compliance with disclosure requirements. In financial matters. This page outlines the duty of disclosure, and the penalties for non-compliance as they now stand.

Legislation

In financial matters, there is a duty to disclose under section 71B of the Family Law Act 1975 and under section 90RI of the Family Law Act 1975. These provisions were added into the Family Law Act during 2025.

Prior to June 2025, the duty to disclose in financial matters was contained in the Federal Circuit and Family Court’s pre-action procedures and in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

In parenting matters, the duty to disclose continues to be governed by the Federal Circuit and Family Court’s pre-action procedures and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

What must be disclosed?

The duty to disclose information relates to both paper and electronic documentation and information that is in a party’s possession or control. The specific information required to be disclosed varies depending on whether the matter is a parenting or a financial matter and on the specifics of the individual case.

Financial matters

In financial matters, the duty to disclose relates to any information and documents that relate to:

for a party to the relationship, the issues in the proceeding relating to the property or financial matters of the relationship; and
for any other party, as much of the party’s financial circumstances as are relevant to the issues in the proceeding relating to the property or financial matters of the relationship.

This may include but is not limited to the following:

Details of assets including valuations or appraisals;
Copies of payslips, Group Certificates and Centrelink statements;
Copies of tax returns, estimates or assessments;
Copies of statements from banks, building societies or credit unions;
Copies of statements for credit cards and loans;
Superannuation statements;
Details of interests in any company or trust and supporting documentation.

Parties are also required to disclose information relating to the disposal of any assets that occurred during the year prior to separation or since separation. This includes items sold, transferred, assigned or gifted as well as any items purchased with funds acquired from the disposal of the asset.

Parenting matters

In parenting matters, the duty to disclose relates to any information relevant in considering the care and living arrangements for the children. This is likely to include medical reports, school reports, letters, photos, notes, drawings and any other information relating to the care of the child or the parenting capacity of either party.

There is also an obligation on both parties in a parenting matter to provide the court with information relating to any family violence, police intervention or intervention by a custody agency that has occurred.

When do I have to disclose?

The duty to disclose is ongoing throughout the time that proceedings are on foot.

Each party is required to provide timely, updated disclosure to the other parties whenever additional information arises or if circumstances that could affect the proceedings change.

The obligation to provide disclosure only ends when the court makes final orders or when the parties reach an agreement.

When do I not have to disclose?

Parties do not have to provide everything that is requested. A party can request that certain documents be exempt from disclosure on the basis of privilege or relevance to the dispute.

How do I provide and receive disclosure?

Disclosure can be exchanged by way of:

Production of documents;
Inspection of documents;
Copying of documents;
List of documents;
Orders for disclosure; and
Answers to specific questions.

The most commonly used method for disclosure is for the parties to provide a list of documents for disclosure and the required documents being produced to the other party upon request. This can be undertaken by electronic means or in paper form.

Disclosure to the court

Disclosure is made in different ways in financial matters and in parenting matters.

Financial matters

When initiating an application for financial orders, parties are required to complete and sign a Form 13 Financial Statement.

This Financial Statement includes information relating to income, expenditure, assets and liabilities. Parties are required to affirm or swear an affidavit saying that they are aware of their obligation to make full and frank disclosure to the other parties and to the court and that all the information in the Form 13 is true to the best of their knowledge and belief.

When an application for financial orders goes to trial, parties are also required to file an undertaking acknowledging that they are aware of their duty to disclose all relevant matters.

Parenting matters

When a party initiates an application for parenting matters, they must complete and file an Initiating Application (Family Law), a Notice of Child Abuse, Family Violence or Risk and either a Questionnaire – (Parenting) or an Affidavit— Family Law and Child Support.

These forms must provide disclosure of all relevant matters, including the past and present parenting arrangements for the children, any issues relevant to the parenting capacity of either party, and any history of child abuse or family violence.

If the other party files material, they must also provide disclosure of these matters in the documents they file. This must also include a Notice of Child Abuse, Family Violence or Risk and either a Questionnaire – (Parenting) or an Affidavit— Family Law and Child Support.

Consequences of non-disclosure

Since the 2025 changes, there are now more serious consequences that can follow failing to provide full and frank disclosure or providing false or incomplete information.

Financial matters

The consequences of non-compliance with disclosure requirements in a financial matter are set out in the Family Law Act 1975.

If a party fails to provide disclosure of all the relevant documents and information in a financial matter, this may lead to the following consequences:

The court altering property interests to take this failure into account
The court making an order it considers just in relation to costs taking the failure into account
the court making orders to compel disclosure, set deadlines, or exclude evidence that was not disclosed
Imposing sanctions if a court order is contravened
Imposing penalties on a party for contempt of court
Staying the proceedings or dismissing all or part of the proceedings.

Parenting matters

The consequences of non-compliance with disclosure requirements in a parenting matter are set out in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

If a party fails to provide disclosure of relevant matters in a parenting application, this may lead to the following consequences:

Refusing to make the parenting orders that the party who has failed to provide disclosure has sought
Dismissing all or part of the case of the party who has failed to provide disclosure
Refusing to consider evidence that was not disclosed from the outset
Drawing adverse inferences against the party who has failed to provide disclosure
Appointing an independent children’s lawyer to represent the interests of the children to the court
Treating the failure to disclose as contempt of court
Making an order for costs against the party who has failed to provide disclosure.

If parties provide false or misleading information, the court will use its discretion in deciding how to deal with the situation. However, failure to disclose relevant information will generally have an adverse effect on a party’s case.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Fernanda Dahlstrom

Content Editor

Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.

Fernanda Dahlstrom

Content Editor

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Fernanda Dahlstrom

Duty to Disclose in Family Law Matters

Legislation

What must be disclosed?

Financial matters

Parenting matters

When do I have to disclose?

When do I not have to disclose?

How do I provide and receive disclosure?

Disclosure to the court

Financial matters

Parenting matters

Consequences of non-disclosure

Financial matters

Parenting matters

Fernanda Dahlstrom

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