Understanding Your Duty of Disclosure in Family Law

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Last Updated on April 11, 2024 by Team Experts

Every family has issues that might need to be solved legally. These legal issues can be resolved and handled by lawyers. You can hire the best family lawyers in Sydney to understand disclosure in family law. Family lawyers are familiar with family law and can explain it to you perfectly without missing any important details. The duty of disclosure directly means that there should be transparency of circumstances. All the related information and copies of the documents are shared with the other party and the court. 

The duty of disclosure includes everything about parenting and financial issues. All the information provided can be in document form or electronic form. Hard and soft copies of the documents will work. It starts before the commencement of the case and continues till the final matter. The information providence continues as the case proceeds with the court. 

Duty of disclosure in parenting matters

Family matters are quite sensitive and require to be followed in perfect sequence. All the relevant documents and information needs to be disclosed by both parties. It can result in reaching a fair conclusion. According to the rules of court, the disclosure documents of parenting include:

  • Criminal records
  • Documents filed in intervention order proceeding
  • School reports 
  • Medical reports 

If any party fail to follow the duty of disclosure, then the court raises penalties against the said party. Parties should be informed about the matters. 

Duty of disclosure followed in financial matters

It requires the disclosure of the financial status and information about the direct and indirect financial situations. Tax returns should be filed accurately and on time. Even a tiny error or change in circumstances can result in inconvenience. You need to disclose the superannuation statements, bank records and payslips. 

Financial matters need disclosure of the following documents and information also. It includes. 

  • Earned money and other account transaction benefits. 
  • Property interest 
  • Any property interest in the income earned by a company of which you are holding shares, 
  • Access to other financial resources. 
  • Any debts-related information. 

Business or company-related disclosure requires the company documents. It is best to take advice from the top family lawyers in Sydney. They will provide you with all the information about the documents to be presented and disclosed. 

  • Annual returns with the information of directors and shareholders. 
  • The financial statement of the company clearly states the financial position. 
  • The constitution of the company
  • The partnership agreements details are also disclosed as per the provision

The common disclosure in family law is financial disclosure. You can also refer to it as the full and frank financial disclosure. The court pre-action procedures require the relevant information to be disclosed related to the financial circumstances. 

Legislation and duty of disclosure

The disclosure is mentioned in chapter 6 of Federal Circuit and Family Court of Australia Rules 2001. There is a general duty of disclosure in Rule 6.01 of family law rules. 

You will find the full and frank disclosure in rule 6.06 of the family law rules. It relates to the obligations of parties in financial cases. The Rule 6.02 of family law rules requires party proceedings. It is the formal agreement and undertaking with the court that states that you understand the duty of disclosure. All these things can be easily explained by the family lawyers in Parramatta

Financial statement 

The financial statement is the document required to be filed by the party to commence the financial case. It can also be filed in response to the financial case. 

Time to provide information 

The information is to be provided according to the pre-action procedures. The court proceedings should be completed with the commencement of the case. You will find that Rule 6.01 of family law rules requires parties to exchange the financial disclosure. 

The documents of tax returns for the last three years should be attached with the documents. All the documents of the corporation’s interest should be exchanged. The property case also covers the information and disclosure related to the provisions. 

The duty of disclosure helps the parties to have sufficient information about the case. It reaches the agreement and is handled by the internal resources of the court. The registrar at the conciliation conference, the mediator of private mediation makes an effort to reach a particular agreement at the conference. Now, the dispute resolution does not proceed as the party is non-compliance with the law rules. 

Things sold recently

The information about the assets you disposed of should also be disclosed to the party. All the information that is sold recently should be disclosed. According to the rule, if you have sold assets like property within 12 months before separation, it needs to be shared. 

You should consult with the best family lawyers in Sydney. They will guide and assist you through the whole process and requirements. The documentation part is always the hurdle creating points for many people. 

Read more: Tips For Marketing Your Law Firm


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She has over 7 years of experience writing about technology, education, digital marketing, general and business. Her experience in the tech industry (fieldengineer, wowtechub, techsprohub, techinfobeez) has taught her how to write engaging, informative content that makes complex issues accessible to a wide audience. Follow her on Linkedin

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