Family Law & Divorce

Duty Of Disclosure

Also known as: financial disclosure, full and frank disclosure

In plain English

The legal obligation to honestly reveal all of your finances—income, assets, debts and resources—in a family law case.

What it means

The duty of disclosure requires each party in a financial family law matter to provide full and frank disclosure of their financial circumstances, including income, assets, liabilities, superannuation, trusts and financial resources. It is an ongoing duty that continues until the case ends. Under the Family Law Act 1975 (Cth) and court rules, failing to disclose can lead to serious consequences, including cost orders, agreements being set aside, or a case being decided against the non-disclosing party. Honest, complete disclosure is essential to reaching a fair property settlement or spousal maintenance outcome.

How it's used

His failure to meet his duty of disclosure by hiding a bank account led the court to reopen the property settlement.

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