The duty of disclosure is a key requirement in Queensland family law, ensuring all parties provide full and honest information about their financial and personal circumstances. It applies to divorce, property settlements, and parenting matters, requiring each party to disclose all relevant documents that could impact the case.
A family lawyer can guide you through the process, helping you gather documents, identify issues, and address non-disclosure. With the right legal support, you can meet your obligations, avoid penalties, and work toward a fair outcome.
This guide covers what you need to disclose, the risks of non-compliance, and how a family lawyer can help protect your rights.
What Is the Duty of Disclosure?
The duty of disclosure requires both parties in a family law proceeding to provide complete and accurate information about their financial and personal circumstances. This obligation applies in cases involving divorce, property settlements, and parenting matters and ensures that the court and the other party have a clear and truthful picture of all relevant details.
This duty is outlined in Rule 6.05 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. It states that parties must provide all documents and information relevant to the issues in dispute.
The scope of disclosure extends beyond just financial records—it includes details about assets, liabilities, income, expenses, and personal matters that could impact the case.
Unlike a one-time requirement, disclosure is ongoing. If circumstances change—such as receiving an inheritance, selling an asset, or changing employment—this must be promptly reported.
Any failure to disclose relevant information can have serious legal consequences, potentially affecting the outcome of the case and leading to penalties or court sanctions.
Why Is Disclosure Required?
Without full and honest disclosure, one party could gain an unfair advantage, leading to unjust outcomes. Courts rely on accurate information to ensure decisions are based on facts rather than assumptions or incomplete data.
Here are five key reasons why disclosure is required:
Clarifies Each Party’s Financial Position
- Disclosure provides a complete financial picture, ensuring all assets, liabilities, and income sources are accounted for before decisions are made.
Prevents Disputes and Court Challenges
- When both parties are upfront about their financial and personal circumstances, it reduces the likelihood of prolonged disputes, appeals, or court interventions.
Promotes Trust and Transparency
- Honest disclosure fosters good faith negotiations, making it easier to reach agreements on property settlements and parenting arrangements.
Protects Vulnerable Parties
- Full disclosure ensures that financially disadvantaged parties, such as stay-at-home parents or lower-income earners, receive their fair share in property settlements or spousal maintenance.
Ensures Compliance With Legal Obligations
- The Family Court of Australia enforces strict rules about evidence and financial reporting. Providing accurate and complete disclosure helps avoid legal complications, delays, or penalties.
By fulfilling their disclosure obligations, parties can work towards a more efficient and fair resolution, reducing stress and minimising legal costs.
What Must Be Disclosed in Family Law Matters?
A comprehensive list of disclosure documents includes:
Financial Documents
- Bank statements
- Tax returns and annual returns
- Superannuation statements
- Loan statements (including personal loans and mortgages)
- Credit card statements
- Investment statements
- Financial statements for businesses
- Employment contracts and income details
Property and Asset Disclosure
- Real estate ownership documents
- Vehicle registration and loan agreements
- Company tax returns and company constitution
- Evidence of gifts or inheritances received
- Disclosure of property disposal or asset disposal
Parenting and Non-Financial Disclosure
- Medical reports related to children or parents
- School reports and education debt details
- Police records, domestic violence reports, and family violence matters
Failure to provide relevant documents can delay family court processes and impact your legal position.
Duty of Disclosure in Divorce and Property Settlements
In divorce and property settlements, the duty of disclosure is essential to ensure that assets and liabilities are divided fairly and lawfully.
Courts rely on accurate disclosure to determine a just division of property based on each party’s financial contributions, needs, and entitlements.
Here’s how disclosure impacts asset division and financial agreements:
- Determines the True Asset Pool – All real property, financial assets, and liabilities must be disclosed to establish the total value of shared and individual assets.
- Prevents Financial Misrepresentation – Hiding income, undervaluing assets, or failing to disclose property disposal can lead to unfair settlements.
- Ensures Proper Assessment of Contributions – Courts consider both financial and non-financial contributions, such as homemaking and parenting, when dividing assets.
- Facilitates Binding Financial Agreements – A comprehensive financial disclosure allows parties to create legally enforceable agreements without future disputes.
- Reduces Legal Delays and Costs – Full disclosure speeds up negotiations, minimising the need for court intervention and reducing legal expenses.
Importance of Transparency to Avoid Court Penalties
Failing to comply with disclosure requirements can have serious legal consequences. If a party is found to have concealed assets or misrepresented financial information, the court may impose adverse cost orders, financial penalties, or even imprisonment for contempt.
The court also has the power to set aside financial settlements if non-disclosure is later discovered, meaning the case can be reopened.
Duty of Disclosure in Parenting Matters
In parenting proceedings, the duty of disclosure extends beyond financial matters. Parents must provide full and accurate information relevant to the child’s welfare, safety, and best interests.
This ensures that decisions regarding custody, living arrangements, and parental responsibilities are based on complete and truthful evidence.
Here’s what must be disclosed in parenting proceedings:
- Medical Reports – Any physical or mental health conditions of a parent or child that may impact care arrangements.
- School Reports and Educational Needs – Academic progress, special needs, and schooling arrangements must be considered.
- Criminal Records – Any criminal history that may affect parenting responsibilities.
- Family Violence Orders – Protection orders, intervention orders, or records of family violence that impact the child’s safety.
- Substance Abuse or Risk Factors – Evidence of drug or alcohol abuse, which may affect parental capacity.
The Impact of Withheld Information on Parenting Arrangements
Failing to disclose relevant information can significantly affect parenting orders. If a parent withholds details about health issues, violence, or risk factors, the court may question their credibility and ability to act in the child’s best interests. This can result in restricted parenting time, supervised visitation, or even loss of custody.
Consequences of Failing to Comply with the Duty of Disclosure
Failing to comply with the duty of disclosure in family law proceedings can have serious legal and financial consequences. The court takes non-disclosure very seriously, as it undermines the fairness and integrity of the legal process.
Whether intentional or accidental, withholding financial documents, parenting-related information, or other relevant details can significantly impact the outcome of a case.
Here are the key consequences of failing to comply with disclosure requirements:
Adverse Court Orders
If a party fails to disclose relevant documents, the court can issue adverse orders, which may include adjusting property settlements in favour of the other party or limiting parenting rights.
Financial Penalties and Cost Orders
The court may impose financial penalties or order the non-complying party to pay the other party’s legal costs, especially if non-disclosure results in delays or unnecessary litigation.
Reopening of Settlements
If hidden assets or undisclosed financial information are discovered after a property settlement, the court can reopen the case and make new orders. This can lead to a redistribution of assets, often to the disadvantage of the party who failed to disclose.
Imprisonment for Contempt of Court
In extreme cases, persistent refusal to comply with court-ordered disclosure can result in a contempt charge, which may lead to imprisonment.
Loss of Credibility and Legal Disadvantages
A party caught withholding information may lose credibility with the court, affecting their ability to argue their case effectively. In parenting disputes, this could mean reduced time with children or stricter conditions on parental responsibilities.
Courts have broad discretion to impose these penalties, ensuring that parties comply with their legal obligations. To avoid these risks, it’s essential to be transparent and proactive in fulfilling disclosure requirements.
Real-Life Case Examples of Breaches in Queensland
Queensland courts have dealt with numerous cases where parties failed to comply with the duty of disclosure, leading to severe legal consequences.
In one case, a husband deliberately concealed overseas assets during property settlement proceedings. When the assets were later discovered, the Family Court of Australia set aside the original settlement and awarded a larger share of the asset pool to the wife. The husband was also ordered to pay substantial legal costs.
In another case, a mother in a parenting dispute failed to disclose a history of domestic violence orders and substance abuse issues. When the court uncovered this information, her parenting time was reduced, and supervised visits were ordered to ensure the child’s safety.
A separate case involved a business owner who underreported his income and hid financial assets in a family trust. A forensic accountant was brought in, revealing significant undisclosed earnings.
The court adjusted the division of property, awarding the other party a larger financial settlement due to the deception.
These cases highlight the serious risks of failing to provide full and honest disclosure. Courts have the power to reopen settlements, impose penalties, and alter parenting arrangements if non-disclosure is proven.
How to Ensure You Comply with the Duty of Disclosure
Meeting your disclosure obligations is essential to avoid legal consequences and ensure a fair resolution. Following these steps can help you stay compliant:
- Gather All Relevant Documents: Collect bank statements, tax returns, superannuation statements, loan statements, and property records early in the process.
- Be Honest and Transparent: Disclose all income, assets, liabilities, and financial transactions, even if you think they may not be relevant.
- Keep Your Disclosure Up to Date: If your financial situation changes, such as receiving an inheritance or selling property, inform the other party and update your documents.
- Seek Legal Advice: An experienced family lawyer can guide you through disclosure requirements and ensure you’re complying with the law.
- Respond Promptly to Requests: Provide requested disclosure documents in a timely manner to avoid delays and court penalties.
By proactively managing your disclosure, you can streamline proceedings and protect your legal interests.
How VM Family Law Can Help
Navigating the duty of disclosure can be complex, but VM Family Law provides expert guidance to ensure you meet legal requirements and protect your rights. Here’s how we can assist you:
- Expert Legal Advice – Our experienced family lawyers help you understand your disclosure obligations and avoid costly mistakes.
- Document Preparation and Review – We assist in gathering, organising, and reviewing financial and personal documents to ensure full compliance.
- Handling Complex Financial Matters – If your case involves hidden assets, business interests, or trusts, we work with forensic accountants to uncover accurate financial information.
- Court Representation and Advocacy – If disputes arise over non-disclosure, our legal team will advocate for your interests in court.
Need help with disclosure in family law matters? Contact VM Family Law today at 07 3447 8966 or visit VM Family Law to book a consultation.
FAQs
Can I refuse to disclose certain documents?
No, unless legally exempt. Withholding information can result in penalties.
What if my ex-partner is hiding assets?
You can request forensic accountants to investigate hidden money or financial assets.
How long does the duty of disclosure last?
It is an ongoing duty throughout the case until final orders are made.
Do I need a lawyer for disclosure compliance?
Yes, an experienced family lawyer ensures you meet legal requirements.
What happens if I accidentally forget to disclose something?
You must notify the court immediately. Failure to do so may lead to penalties.
Can hidden assets be discovered later?
Yes. The court can reopen property settlements if new financial assets are found.
How does the court verify disclosed financial information?
Through bank statements, tax returns, financial statements, and forensic investigation.
Final Thoughts
The duty of disclosure is a fundamental part of family law proceedings in Queensland. Providing full and honest information ensures a fair outcome in divorce, property settlements, and parenting matters.
As family law continues to evolve in 2025, having the right legal support is more important than ever. VM Family Law is here to help you meet your disclosure obligations with confidence.
Our team provides clear legal advice, document assistance, and court representation to protect your rights.
Take the first step toward a fair resolution—call VM Family Law today at 07 3447 8966 or visit VM Family Law to book your free consultation.