Nothing to hide: Understanding your duty of disclosure in a property settlement
Written by Claudia Davison at Pippa Colman Family Law | Last Updated 4 September 2026
Duty of Disclosure
An important part of every property settlement is identifying the net property pool available for division. This requires parties to identify and value the assets, liabilities, superannuation interests and relevant financial resources held by either party, whether those interests are held personally, jointly or indirectly through a company, trust, partnership or other structure.
Disclosure is fundamental to that process. Without full and frank disclosure, neither party can properly assess the value of the property pool, the contributions made during the relationship or the parties’ respective future financial circumstances. More importantly, the Court cannot properly determine a property settlement if it does not have a reliable picture of the parties’ financial circumstances.
The duty of disclosure is not simply a procedural requirement; it is an integral part to any property dispute. Understanding your duty of disclosure and what you need to do could assist you in navigating your property settlement with confidence.
Key takeaways
Both parties have an ongoing legal duty under sections 71B (married couples) and 90RI (de facto couples) of the Family Law Act 1975 to give full and frank disclosure of all relevant financial information.
Disclosure covers assets, income, liabilities, superannuation and financial resources - whether held personally, jointly, or through a company, trust or other structure.
The duty starts before proceedings begin and continues until the matter is finalised - it is not a one-off task.
Deliberate non-disclosure can lead to costs orders, adverse findings, contempt of court, or the case being stayed or dismissed.
If you are unsure whether something needs to be disclosed, get advice from a family lawyer rather than deciding yourself that it is irrelevant.
1. Your legal obligations
The amendments to the Family Law Act 1975 (Cth) (“the Act”), which came into force on 10 June 2025, codifies the duty of disclosure within sections 71B (for married couples) and 90RI (for de-facto couples).
Pursuant to the Act, each party to a proceeding has a duty to the Court and to each other party to provide full and frank disclosure, in a timely manner, of all information and documents relevant to the issues in dispute.
The duty of disclosure applies before proceedings commence and continues until the matter is finalised. The duty is positive and ongoing, meaning that it is not a one-off exercise. As the property pool evolves throughout the course of negotiations/ proceedings, you have a duty to disclose when your financial circumstances change, or new documents come into your possession, power or control, you may need to disclose (such as recent tax returns and financial statement).
The obligation is deliberately broad to ensure that both parties and the Court have sufficient information to understand the true financial position of the parties and to make informed decisions about the division of property.
Your duty of disclosure is more than simply responding to requests from your former partner’s solicitor. It requires you to take reasonable steps to identify relevant financial information and disclose it in a timely manner.
2. What you must disclose
Rule 6.06 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (“the Rules”) sets out specific requirements for disclosure in financial and property proceedings. The list is not exhaustive. A party must disclose their financial circumstances, including matters such as their earnings, interests in property, interests in legal entities, other financial resources and relevant interests in trusts. The obligation extends to interests held directly or indirectly.
The Rules specifically recognise that income and property cannot simply be excluded from disclosure because they are held through another structure. For example, income paid or assigned to a company, trust or another person may still need to be disclosed. Similarly, an interest in property owned by a legal entity that is wholly or partly owned or controlled by a party will fall within the disclosure obligation.
In practical terms, your disclosure may include:
payslips and other evidence of income;
income tax returns and notices of assessment;
bank account and credit card statements;
home loan, mortgage, offset and redraw account statements (if these statements are in your sole name or held jointly with a third party who is not your ex-spouse/partner);
details of real property and relevant valuations/appraisals;
superannuation statements and information;
company, partnership and trust documents;
business financial statements and Business Activity Statements;
details of shares, investments and managed funds;
cryptocurrency holdings and transaction records;
details of debts and liabilities; and
evidence of significant financial transactions.
If your property matter is before the Court, R6.06(7) and R6.06(8) sets out the prescribed documents that need to be disclosed by an applicant and respondent before the first court date. These include the party’s three most recent taxation returns and taxation assessments, bank statements, superannuation information, and, where applicable, superannuation fund documents (for a SMSF), business activity statements and financial statements for partnerships, trusts or private companies in which the party has an interest.
There is no universal rule that every property matter requires the same number of disclosure documents (for example, only 12 months of bank statements or your last 3 payslips). The scope of disclosure depends upon the issues in dispute. For example, where there is an allegation that funds were transferred to a third party shortly before separation, older bank statements may be relevant.
The important question is not simply whether a document appears on a standard disclosure checklist. The question is whether the information or document is relevant to the issues in dispute.
3. What you must not do
Your duty of disclosure requires transparency. You cannot select to disclose documents that support your position while withholding documents that may be unhelpful. Full and frank disclosure requires you to disclose relevant information even where that information may adversely affect your case.
The consequences of deliberate non-disclosure can be significant.
The Court has a wide range of powers that may be exercised if a person fails to comply with their duty of disclosure, including:
Taking the failure into account when making an order for the alteration of property interests;
Making a costs order against you, having regard to the failure to disclose;
Making any orders with respect to disclosure that the Court considers relevant;
Punishing the person for contempt of court which can includes fines and imprisonment when the non-disclosure is severe;
Stay or dismiss all or part of the proceedings.
The following cases provide examples of when the Court have exercised their wide range of powers in relation to non-disclosure.
In the case of Weir & Weir (1993) FLC 92-338, the husband had deliberately failed to disclose a sum of $100,000. On appeal, the Court discovered these funds, and the husband was ordered to pay the wife half of the hidden funds. The Full Court emphasised that once deliberate non-disclosure has been established, the Court should not be unduly cautious about making findings in favour of the innocent party.
Similarly, in the case of Chang & Su [2002] FamCA 156, the husband had provided limited disclosure of his assets and asserted he owed significant debts to his family. The wife asserted the husband has significant assets in Taiwan that he had failed to disclose in the proceedings. The trial judge did not accept the husband’s position and made orders for 100% of the assets to be paid to the wife. On appeal, the full Court held that if a party hides assets, the Court may make Orders that favour the honest party. The Court does not need exact proof of the hidden wealth.
In the case of Tate & Tate [2000] FamCA 1040 the Court dismissed the husband’s case after 4 years of litigation and allowed the wife to proceed on an undefended basis in circumstances where the husband had failed to comply with orders for disclosure and valuations.
A party should therefore not assume that non-disclosure simply means that the missing asset will be ignored. The Court may instead make findings based on the available evidence and, in an appropriate case, adopt an approach that disadvantages the party who failed to provide disclosure.
4. Your rights when the other party won’t play fair
Disclosure is a mutual obligation. You are entitled to expect the other party to provide full and frank disclosure just as they are entitled to expect it from you.
A common difficulty in property matters arises where one party provides incomplete disclosure, delays providing disclosure, or refuses to answer reasonable questions about transactions or assets. There are several ways this can be addressed.
In the first instance, identify precisely what is missing and make a written request for the outstanding information or documents. A focused request is often preferable to a broad demand, because it identifies the relevant information that needs to be addressed and provides the other party with an opportunity to rectify the deficiency.
If proceedings are on foot, the Court has powers to make orders requiring further disclosure. A subpoena may also be considered, if the information cannot be obtained directly from the other party. For example, you may consider issuing a subpoena to a financial institution when the other party will not disclose their bank accounts.
In more complicated matters, particularly where there are businesses, trusts or substantial transactions, it may be appropriate to obtain assistance from a forensic accountant.
It is important to remember that you should not respond to another party’s non-disclosure by withholding your own disclosure. If the other party is not complying, your position is strengthened by demonstrating that you have complied with your own obligations and have taken reasonable steps to obtain the information required from them.
5. How disclosure affects your property settlement
Disclosure can have a direct and significant impact on the outcome of a property settlement. If important assets or liabilities are missing from the information provided, the starting point for negotiations may be fundamentally wrong.
The previous cases illustrate that the Court can also draw appropriate inferences from the evidence where a party has failed to provide proper disclosure. Additionally, the Court also take non-compliance into account when determining costs.
When both parties and the Court have a clear understanding of the assets, liabilities, superannuation and financial resources available, a just and equitable resolution can be achieved.
6. Why you should get advice from a family lawyer
Disclosure is an important mechanism for achieving a just and equitable outcome in your property dispute. The consequences of non-disclosure can not only increase legal fees but can also have significant impacts on a party who is non-compliant with their obligations.
The safest approach is to treat disclosure as an ongoing obligation rather than a negotiation strategy. If you are unsure whether a particular asset, liability, financial resource or document needs to be disclosed, the safest approach is to raise it with a lawyer rather than deciding yourself that it is irrelevant.
If you have questions about your disclosure obligations, or believe your former partner isn’t disclosing their full financial position, our family lawyers can help you understand your options and next steps. Contact Pippa Colman Family Law for a confidential discussion.
Frequently Asked Questions
What is the duty of disclosure in a family law property settlement?
It is the legal obligation for each party to provide full and frank disclosure of all information and documents relevant to the property dispute, including assets, liabilities, superannuation and financial resources, whether held personally, jointly or through a company, trust or other structure. Your duty of disclosure is set out in sections 71B and 90RI of the Family Law Act 1975 (Cth).
When does the duty of disclosure start and end?
The duty applies before court proceedings commence and continues until the matter is finalised. It is ongoing - if your financial circumstances change or new documents come into your possession during negotiations or proceedings, you need to disclose them.
What documents do I need to disclose in a property settlement?
Common documents include payslips, tax returns and notices of assessment, bank and credit card statements, home loan statements, property valuations, superannuation statements, company/partnership/trust documents, business financial statements, details of shares and cryptocurrency, and evidence of significant financial transactions. The exact scope depends on the issues in dispute.
What happens if I don’t disclose an asset?
The court has a wide range of powers, including taking the failure into account when dividing property, making a costs order against you, punishing you for contempt of court (including fines or imprisonment in serious cases), and staying or dismissing proceedings. Courts have also made orders favouring the other party without exact proof of the hidden asset’s value, as in Chang & Su [2002] FamCA 156.
What can I do if my former partner won’t disclose their finances?
Start by identifying precisely what is missing and making a focused written request. If proceedings are on foot, you can ask the court to order further disclosure or issue a subpoena to a third party such as a bank. In complex matters involving businesses or trusts, a forensic accountant can help. Importantly, don’t withhold your own disclosure in response - continuing to comply strengthens your position.
Contact Pippa Colman Family Law today to discuss how we can help you.
Important Disclaimer
The above information is general in nature and provided for educational and informational purposes only. It is not legal advice and should not be relied on as such. Every situation is different, and you should seek independent legal advice before making decisions about your own circumstances.