Disclosure
Disclosure is an essential step in resolving a party’s financial matters in a family law dispute. Its purpose is to identify the net assets that make up the property pool available for division.
We have answered some commonly asked questions that a party may have regarding obligations to disclose and what the implications are if there is a failure to provide that disclosure.
WHAT is duty of disclosure?
In a family law dispute, you and your former spouse each have a duty to provide the other with all information that is relevant to the issues in the case and to the matters that remain in dispute.
what do i have to provide?
In financial and property cases, there are specific rules about full and frank disclosure. This disclosure must be of the party’s direct and indirect financial circumstances.
Your solicitors will request that you disclose all sources of earnings, interest, and income, as well as any information about property disposal immediately before or after separation that could affect, defeat, or reduce any claim you may have.
I HAve already provided my disclosure, why do I have to keep providing it?
Your duty of disclosure begins the moment you try to resolve the matter outside of court and continues until the case is finalised.
As a result, you must continue to provide disclosure as circumstances change, or more documents come into your possession, power or control.
I'm not providing any further disclosure because the other party is refusing to provide disclosure
Under the Family Law Rules, you and your former spouse have a duty to comply with full and frank disclosure to the court, and to your former spouse.
There are serious consequences for failing to disclose. The Court may, among other things, dismiss all or part of your case, impose a fine, or imprison you if you are found guilty of contempt of court for failing to provide proper disclosure.
Why is it important I disclose?
It is important that you comply with your disclosure obligations as it crystallises the asset pool, ensures that the financial position of you and former spouse are accurate, and ensures compliance with the law.
The added benefit is that it helps your matter run more smoothly and supports both of you in reaching a resolution sooner.
If you need help getting started with providing your disclosure, beginning the pre-action process, or understanding what you are required to disclose, our team is here to assist you.
Call us on 3224 0216 to book an obligation free consultation.
This article has been authored by Solicitor, Dimitra Georgiades and our Family Law team.
