Separation brings a lot of uncertainty, and one of the duties people are often surprised to learn about is disclosure. It sounds technical, but the idea is simple: you and the other party need to be open and honest with each other about the things that matter to your case. Knowing what disclosure involves, and getting the right advice early, can save a great deal of stress later.

What does disclosure mean in family law?

Disclosure means giving the other party all the 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.

Is disclosure compulsory?

Yes. Disclosure is compulsory in family law proceedings in the Federal Circuit and Family Court of Australia, and it applies in both financial or property cases and parenting cases. The duty usually starts before court proceedings begin, while parties are following the pre-action procedures, and it continues until the matter is finalised. Disclosure is not a one-off task. If your circumstances change, updated information must be provided.

Since 10 June 2025, the duty to give full and frank disclosure in financial and property matters has been written directly into the Family Law Act 1975 (section 71B for married couples and section 90RI for de facto couples). Previously, this duty sat mainly in the court rules. Placing it in the Act gives it added weight and makes both the obligation, and the consequences of ignoring it, clearer for everyone involved. The duty applies while you are preparing for a case and continues once proceedings have started. In parenting matters, the duty to disclose continues to operate under the court’s pre-action procedures and rules.

Financial and property disclosure

In financial and property matters, each party must give full and frank disclosure of their total financial position. This includes the information needed to 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 financial information commonly disclosed includes:

• 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;
• 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, if 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 material may include medical reports, school reports, family violence documents, criminal records, photographs, letters, diaries and other documents that help explain the parenting issues in dispute.

What happens if someone does not disclose?

Failure to provide proper disclosure can have serious consequences. The Court may stop a party from relying on documents they did not disclose, order that party to pay costs, or stay or dismiss part of a case. It may also draw adverse conclusions about the missing information, take the non-disclosure into account when dividing property, and treat serious non-disclosure as contempt of court. In short, holding information back tends to do far more harm than good.

Get advice early

The best thing you can do if you are going through a relationship breakdown is get good advice early, so you know what to expect and can approach disclosure with confidence rather than worry. Understanding your obligations from the outset helps your matter move more smoothly and protects your position.

This article is general information only and is current as at July 2026. It does not take your personal circumstances into account, and it is not legal advice. You should seek advice tailored to your situation.

If you are separating or are already involved in a family law matter, contact our experienced team to discuss your situation and understand your disclosure obligations.