The duty of disclosure is a key requirement in Queensland family law. It ensures all parties provide complete and truthful information about their financial and personal circumstances. This obligation applies to divorce, property settlements, and parenting matters. It requires each party to disclose all relevant information and documents that could affect the case.
A family lawyer can guide you through this process, helping you gather documents, identify issues, and address potential non-disclosure. With the right legal advice, you can meet your obligations, avoid penalties, and work toward a fair outcome.
This guide outlines what must be disclosed, the consequences of non-compliance, and how a family lawyer can assist you in protecting your rights.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Is the Duty of Disclosure?
The duty of disclosure requires both parties in family law proceedings to provide full, frank, and ongoing disclosure of their financial and personal circumstances.
This duty applies in all family law cases — including divorce, property settlements, and parenting matters — and ensures that decisions are based on accurate and complete information.
Under Rule 6.05 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, both parties must disclose all information and documents relevant to the issues in dispute.
Disclosure is not a one-time event. It continues throughout proceedings, meaning any changes — such as receiving an inheritance, selling property, or changing employment — must be reported promptly.
Failing to disclose relevant information can have serious legal consequences, including court sanctions or penalties.
Why Is Disclosure Required?
Disclosure ensures that both parties and the court have a clear understanding of the financial and factual circumstances before making any decision. It promotes fairness, transparency, and efficiency in family law proceedings.
Key reasons disclosure is required include:
Clarifying financial positions – Ensures both parties have an accurate picture of assets, liabilities, and income before negotiations or court decisions.
Preventing disputes and appeals – Reduces the risk of future legal challenges by ensuring all relevant facts are known.
Promoting trust and cooperation – Encourages good-faith negotiations and fair settlements.
Protecting vulnerable parties – Ensures disadvantaged individuals receive fair treatment.
Ensuring compliance with law – Supports the integrity of the court process and prevents unlawful concealment.
What Must Be Disclosed?
Disclosure covers all information and documents relevant to financial or parenting matters.
Below are typical examples required under Queensland family law:
Financial Documents
Bank statements and loan accounts
Tax returns and income records
Superannuation statements
Business and trust records
Credit card statements
Property ownership documents and valuations
Evidence of gifts, inheritances, or transfers of assets
Parenting and Personal Disclosure
Medical or psychological reports relevant to the child or parents
School and childcare reports
Records of family violence, police reports, or court protection orders
Criminal history or drug and alcohol assessments that affect parental capacity
Failure to disclose these documents may delay proceedings and impact your credibility before the court.
Duty of Disclosure in Divorce and Property Settlements
Full disclosure is vital in divorce and property settlements to ensure the fair division of assets and liabilities.
Courts rely on accurate information to determine a just and equitable outcome.
The disclosure process helps:
Establish the total asset pool (all assets, liabilities, and financial resources).
Prevent financial misrepresentation or hidden assets.
Assess each party’s financial and non-financial contributions.
Enable binding financial agreements that reflect true values.
Reduce court delays and costs through transparent negotiation.
If a person hides income, understates asset values, or transfers property to avoid sharing, the court can set aside any resulting agreement or order and impose penalties.
Duty of Disclosure in Parenting Matters
In parenting cases, disclosure extends beyond finances.
Each parent must provide all information relevant to the child’s welfare, safety, and best interests.
This includes health, education, and any risk factors such as family violence or substance abuse.
Required disclosures may include:
Medical and psychological reports relating to the child or parent.
School and childcare information.
Criminal records and domestic violence orders.
Substance use or safety concerns that may affect care.
Failure to disclose relevant information may result in reduced parenting time, supervised visits, or adverse findings about parental suitability.
Consequences of Failing to Comply with the Duty of Disclosure
Courts take non-disclosure seriously because it undermines the fairness of proceedings. Consequences can include:
Adverse Court Orders – The court may adjust property settlements or limit parenting rights in favour of the compliant party.
Financial Penalties and Cost Orders – The non-compliant party may have to pay the other party’s legal costs.
Re-opening Settlements – If hidden assets are found later, the court can re-open and alter previous orders.
Imprisonment for Contempt – Persistent or deliberate refusal to comply may lead to contempt charges and imprisonment.
Loss of Credibility – Withholding information can damage a person’s reputation and reduce their influence in court.
Real-Life Examples in Queensland
Queensland courts have addressed many cases involving breaches of disclosure duties.
In one instance, a party who concealed overseas assets during property settlement had the agreement set aside and was ordered to pay the other party’s costs.
In another, a parent who failed to reveal domestic violence and substance abuse history during parenting proceedings faced reduced contact time and supervised visits.
These cases demonstrate that honesty and full disclosure are essential to protect one’s interests and maintain the integrity of court outcomes.
How to Ensure Compliance with the Duty of Disclosure
To meet disclosure obligations and avoid penalties:
Gather all documents early – including bank statements, tax returns, property records, and loan details.
Be transparent – declare all income, assets, liabilities, and transactions.
Update regularly – if financial or personal circumstances change, promptly notify the other party and the court.
Seek professional advice – a family lawyer ensures compliance with the Family Law Rules and helps avoid mistakes.
Respond promptly – provide requested documents within deadlines to prevent delays or penalties.
How VM Family Law Can Help
VM Family Law provides expert support for disclosure obligations in family law matters.
Their services include:
Legal advice on disclosure obligations and compliance.
Assistance with collecting and reviewing financial records.
Coordination with forensic accountants in complex asset cases.
Court representation for disclosure disputes or enforcement applications.
Frequently Asked Questions (FAQs)
Can I refuse to disclose documents?
No. Unless the court grants an exemption (such as for privilege), you must disclose all relevant materials.
What if my ex-partner hides assets?
Courts can order disclosure, appoint forensic experts, and impose penalties for concealment.
Is disclosure required throughout the case?
Yes. The duty is ongoing until final orders are made.
What happens if I forget to disclose something?
You must inform the court immediately. Failure to do so can lead to penalties or a reopened case.
Can the court check if disclosure is accurate?
Yes. The court may review financial records, statements, and expert reports to confirm accuracy.
Final Thoughts
The duty of disclosure is central to Queensland family law. It promotes fairness, transparency, and integrity in all proceedings involving property and parenting.
By providing complete and honest information, parties protect their legal rights and help the court reach just outcomes.
With experienced legal support, meeting disclosure requirements becomes simpler, faster, and less stressful.
If you need assistance meeting disclosure obligations, contact VM Family Law for clear advice and representation.
Official Information Sources
Queensland Law Handbook – Family Law & Disclosure: https://queenslandlawhandbook.org.au/
Federal Circuit and Family Court of Australia – Rules and Practice Directions: https://www.fcfcoa.gov.au/
Legal Aid Queensland – Family Law and Disclosure Obligations: https://www.legalaid.qld.gov.au/
Queensland Government – Families, Legal and Relationships: https://www.qld.gov.au/families/legal
Family Relationships – Family Law and Dispute Resolution: https://www.familyrelationships.gov.au/
Queensland Law Society – Guidance for Family Lawyers: https://www.qls.com.au/
