Separating from a partner is one of the most difficult times in a person’s life, and the legal process that follows can feel overwhelming. One obligation that surprises many people is the duty of disclosure: the requirement to be open and honest with the other party about the matters relevant to your case. Understanding what you must share, and why, can help you approach a property settlement or a parenting matter with confidence rather than uncertainty.

What does disclosure mean?

Disclosure in family law means giving the other party all information and documents that are relevant to the issues in dispute. In simple terms, each person must be open and honest about the matters that affect the case. This is especially important in property settlements, parenting disputes, spousal maintenance and other child-related matters.

Disclosure is compulsory in family law proceedings in the Federal Circuit and Family Court of Australia. It applies in both financial or property cases and parenting cases. The obligation extends to documents and information the other party may not even know exist.

When does the duty start and finish?

The duty usually starts before court proceedings begin, when parties are following the pre-action procedures, and it continues until the matter is finalised. Disclosure is therefore not a one-off task. If your circumstances change, or new documents come into your possession or control, updated information must be provided. The duty applies at every stage of a matter, right through to a final order or agreement.

A recent change worth knowing

Since 10 June 2025, the duty of disclosure in financial and property matters has been written into the Family Law Act 1975 itself, in section 71B for married couples and section 90RI for de facto couples. This followed the Family Law Amendment Act 2024. The general duty, and the duty in parenting matters, also remain in the court rules.

The substance of the duty has not changed, but placing it directly in the Act reinforces how seriously it is treated. The changes also require lawyers to make their clients aware of the duty and to encourage compliance, which is one more reason to seek advice early.

Disclosure in financial and property matters

In financial and property matters, each party must give full and frank disclosure of their total financial position. This includes information that helps show what they own, what they owe, what they earn, and what financial resources they may have.

A person cannot simply hide assets because they are held in a company, trust, business structure or another person’s name. The duty can extend to property, income or financial resources held through corporations, trusts, companies or similar structures.

The types of financial information commonly disclosed include:

• payslips and income records;
• tax returns and notices of assessment;
• bank account statements;
• credit card and loan statements;
• mortgage documents;
• superannuation statements;
• details of shares, cryptocurrency and other investments;
• details of motor vehicles, real estate and valuable personal property;
• business records, including business activity statements and financial statements;
• company and trust documents, including trust deeds and company financial records;
• details of debts, liabilities and money owed; and
• details of assets sold, transferred or gifted before or after separation.

For property cases, parties may also need to exchange recent tax returns, superannuation information, business activity statements, and financial statements for any company, partnership or trust in which they have an interest. They must also disclose assets disposed of in the 12 months before separation, and since separation, where those dealings may affect the property settlement.

Disclosure in parenting matters

Disclosure is also compulsory in parenting cases. Here the focus is not usually on money, but on information relevant to the child’s best interests and safety. Relevant documents may include medical reports, school reports, family violence documents, criminal records, photographs, letters, diaries, and other material that helps explain the parenting issues in dispute.

In some situations, the court can order that certain sensitive information not be disclosed, for example where it involves a protected confidence and disclosure is likely to cause harm to a party or child.

What happens if you do not disclose?

Failure to provide proper disclosure can have serious consequences. The court may prevent a party from relying on documents or information they did not disclose, order that party to pay costs, or stay or dismiss all or part of a case. It may also draw conclusions unfavourable to the party who has not been open, and take non-disclosure into account when deciding how property should be divided.

In serious cases, non-disclosure or giving false evidence can be treated as contempt of court, which can carry significant penalties. In short, a failure to disclose can do far more damage to your position than the disclosure itself.

Get advice early

The best thing you can do if you are going through a relationship breakdown is to get good advice early, so you understand your obligations and know what to expect. Sound guidance at the outset can help you avoid costly mistakes and protect what matters most to you and your family.

Bateman Battersby has supported Western Sydney families through separation and family law matters since 1991. Contact our experienced team to discuss your situation.