The Financial Statement in family law property cases: what it covers and the documents behind it

The Financial Statement is the centre of a party's disclosure in a family law property case. It's a sworn document setting out income, expenses, property, super, liabilities and financial resources, and the other side, the court and any expert will rely on it.

This guide covers what the form asks for, when it's filed, the documents that must be served alongside it, and when it has to be updated. It's general information for practitioners, not legal advice about any particular matter. Rule numbers are from the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as amended from 10 June 2025.

When it's filed

Under rule 6.06(4), a party to the marriage or de facto relationship who starts a financial or property proceeding, or files a Response or Reply to one, must file a Financial Statement and the financial questionnaire at the same time. An Application for Consent Orders is excluded.

Since June 2025 this applies only to the parties to the relationship, so third parties joined to a property case no longer have to file one.

The court publishes the form for lawyers and a Financial Statement Kit, with instructions, for people without a lawyer. Check that you're using the current version: the form was reissued in December 2025 with changes to the instructions on serving superannuation information forms.

What the form covers

The current form runs through these parts:

Part	Covers
A	About you
B	Financial summary (total weekly income, property, super and liabilities)
C	Employment details
D	Your income
E	Other income earners in your household
F	Expenses paid by others for your benefit
G	Personal expenditure
H	Personal expenses you pay for others
I	Property owned by you
J	Superannuation
K	Liabilities
L	Financial resources
M	Disposal of property
N	Orders for maintenance, child support and financial enforcement

Income and expenses are given as average weekly amounts in whole dollars, with "nil" written where an item doesn't apply. Clients used to thinking in monthly or annual figures often need help converting, and inconsistent conversions are an easy target for the other side.

What has to be disclosed

Rule 6.06(2) sets out what a party must disclose, including:

• earnings, including income paid or assigned to someone else
• vested or contingent interests in property
• property and income of any entity the party owns or controls, in whole or part
• other financial resources
• trusts where the party is appointor or trustee, an eligible beneficiary, or holds a power of control
• property disposed of in the 12 months before separation, or since final separation, that may affect a claim (other than with the other party's consent or knowledge, or in the ordinary course of business)
• liabilities and contingent liabilities

If the party knows the form won't fully meet their duty of disclosure, they must also file an affidavit with further particulars (rule 6.06(5)).

It's sworn

The Financial Statement ends with an affidavit. The party swears or affirms that they have read section 71B or 90RI of the Family Law Act and rule 6.06, that the information is true (with estimates given in good faith), and that they have no income, property or financial resources other than those disclosed. The duty of disclosure itself is covered in our guide to the duty of disclosure.

The documents served with it

The Financial Statement isn't filed with supporting documents attached. Instead, rule 6.06(7) requires each party who files one to serve the other parties, before the first court date, with:

• tax returns and tax assessments for the three most recent years
• a completed superannuation information form for each super interest
• for a self managed super fund, the trust deed and the three most recent financial statements
• the last four business activity statements, if the party has an ABN
• for any partnership, trust or private company the party has an interest in, its three most recent financial statements and last four business activity statements

Documents already provided don't need to be served again (rule 6.06(9)). Each party must also file an undertaking as to disclosure before the first court date (rule 6.02).

These are the minimum. The general duty of disclosure covers bank statements, loan statements, valuations and much more, and most of it will be needed to complete the form accurately in the first place. See our disclosure checklist and our guide to superannuation information.

Keeping it up to date

The duty of disclosure continues until the case is finalised. Under rule 6.06(6), if a party's financial circumstances change significantly from what's in their Financial Statement, they must, within 21 days of the change, file either:

• a new Financial Statement, or
• an affidavit setting out the changes, if they can be clearly stated in 300 words or less

A new job, a sold asset, a new loan or an inheritance are typical triggers. Diarise a check at each stage of the matter rather than relying on the client to remember.

What goes wrong

• Figures that don't match the documents. Every number should trace to a statement, payslip or valuation. If it's an estimate, say so.
• Missing entities and trusts. Interests held through companies and trusts, and powers over trusts, are easy to leave out and expensive to explain later.
• Out-of-date super values. Use the trustee's information, not a balance remembered from an annual statement.
• Forgotten updates. A significant change that isn't disclosed within 21 days is a breach, even if it's raised later in correspondence.

The consequences of non-disclosure can include costs orders, the non-disclosure being taken into account in property orders, contempt, and a document not disclosed being unusable at trial without the court's permission (rule 6.17).

Gathering what the form needs

Most delays in finalising a Financial Statement come from waiting on documents. Matter Folio requests each document as its own item with the period it should cover, chases clients automatically, and keeps accepted statements in one place, so the figures can be checked against their source before the form is sworn. Accepted figures also flow into a balance sheet built from disclosure.