Disclosure is the foundation of every family law property matter. A property settlement can only be fair if both parties know what there is to divide, and that depends on each party disclosing their financial circumstances fully and honestly.
This guide explains where the duty comes from, what it covers, and how firms can run disclosure in a way that is complete, timely and easy to prove later. It is general information for practitioners, not legal advice about any particular matter.
Where the duty comes from
For many years the duty of disclosure in family law sat mainly in the court's rules and in the case law. That changed on 10 June 2025, when amendments made by the Family Law Amendment Act 2024 commenced.
The duty now appears in the Family Law Act 1975 itself:
- section 71B for parties to a marriage
- section 90RI for parties to a de facto relationship
Each provision requires the parties to give full and frank disclosure of all information relevant to the issues in the proceedings. The Federal Circuit and Family Court of Australia's Family Law Rules were amended at the same time, and continue to set out how disclosure is given in practice (Chapter 6 of the rules deals with disclosure).
The court's own publication on the duty of disclosure is a useful starting point for clients, and lawyers are expected to explain the duty to them.
When it applies
The duty is ongoing. It applies before proceedings start (including during pre-action procedures and negotiations), throughout the proceedings, and until the matter is finalised. If a party's circumstances change, for example they open a new account or receive an inheritance, the new information must be disclosed too.
The amendments apply to existing proceedings as well as new ones, unless a final hearing had already started when they commenced.
What has to be disclosed
The duty is broad. A party must disclose their total direct and indirect financial circumstances, which commonly includes:
- income from every source, including employment, business and investments
- property and assets, wherever they are held and in whatever name
- liabilities, including loans, credit cards and tax debts
- superannuation interests
- interests in companies, trusts and partnerships, and the financial records of those entities
- financial resources, such as an expectation of an inheritance or a benefit from a trust
- property disposed of in the period before separation, or since
The duty is not limited to documents that help a party's case. It extends to anything relevant, including documents that are unhelpful to the party disclosing them.
For property matters, the court's rules also require certain documents to be exchanged by the first court date, and set out the kinds of documents that should be disclosed. The details change from time to time, so check the current rules for each matter.
What lawyers must do
Under the amended Act, lawyers (and family dispute resolution practitioners) must tell their clients about the duty of disclosure and the consequences of not complying. In practice that means:
- explaining the duty early, in writing, before the client starts gathering documents
- explaining that it continues until the matter ends
- explaining what can happen if they don't comply
What happens if a party doesn't comply
The consequences can be serious. Depending on the circumstances, a court may:
- make costs orders against the non-disclosing party
- draw inferences against them, for example about assets they haven't disclosed
- take the non-disclosure into account when making property orders
- find them in contempt, which can lead to a fine or imprisonment
- set aside orders later if they were made without full disclosure
These consequences are a strong reason to keep a clear record of what was requested, what was provided and when.
Running disclosure so it holds up
The duty sits with the parties, but firms carry most of the practical work. A few habits make disclosure faster and easier to prove.
Ask for each document as its own item
A request for "all bank statements" invites a partial answer. Listing each account as a separate item, with the period to be covered, makes gaps obvious to the client and to you. Our disclosure checklist groups the documents firms most commonly ask for.
Spell out the period
Statements covering the wrong period are one of the most common reasons documents are sent back. State the start and end dates on every request for statements.
Track status, not inboxes
Every requested document should have a status you can see at a glance: requested, received, accepted, or sent back with a reason. If the only record is an email thread, it's hard to know what's outstanding and harder to prove it later. We explain more in why disclosure stalls.
Keep the history
Keep earlier versions when a client sends a better copy, and record who disclosed what to the other side, and when. A disclosure register that shows dates and downloads answers most disputes about whether something was provided.
Treat the other side's disclosure the same way
The duty applies to both parties. Track the other side's documents against an agreed list, and check them before their figures go into your balance sheet. See getting disclosure from the other side.
How Matter Folio helps
Matter Folio was built around these habits. Each matter has a list of requested documents with a status for every item, automatic reminders, review with reasons when a new copy is needed, a register of everything disclosed to the other side, and an Index to Disclosure and bundle built from accepted documents.