Whether you’re dividing assets or working out a parenting arrangement, there’s one thing the family law system expects from both parties: full and frank disclosure.

It’s not just legal jargon. It’s the foundation of any fair and lasting agreement. Let’s break down what disclosure involves and why it matters.

What Is Disclosure?

Disclosure is the legal requirement to be upfront about any information that could impact the outcome of your family law matter. This might include financial information or anything relevant to the care, safety or wellbeing of your children.

If it’s relevant to the outcome, it needs to be disclosed, clearly, completely and in a timely manner. This duty applies even if you’re resolving things out of court.

Financial Disclosure
In property matters, both parties must disclose everything related to their financial position. That includes income, superannuation, savings, loans, credit cards, real estate, shares, businesses and trusts.

If it’s got a dollar sign on it, it’s included.

What If We Don’t Agree?

It’s common for parties to disagree on the value of assets, like the family home, a business, or even super. If you can’t agree, you’ll usually need to get a formal valuation. This is standard practice and typically the cost of valuation is shared.

One of the most common reasons property settlements stall is because the asset pool hasn’t been clearly defined. You can’t divide what you haven’t properly valued.

Parenting Disclosure

In parenting matters, disclosure shifts focus to anything that may influence care arrangements or impact the safety and wellbeing of a child. This might include health records, school reports, police involvement and even concerns about drug or alcohol use.

The goal isn’t to stir up conflict. It’s about making decisions based on facts, not guesswork or emotion.

Why It Matters

Disclosure isn’t about winning, losing or giving in but instead creating a process that’s fair and transparent. Full and frank disclosure gives the negotiation or court process the clarity it needs to reach a just and workable outcome. Skip this step, and you risk delays, disputes and increased legal costs.

You also risk having your agreement reopened or overturned by the court. You may be ordered to pay the other party’s legal costs. In some cases, you could be prevented from relying on certain evidence, or found in contempt of court, which can result in fines or imprisonment.

This article explains general legal obligations around disclosure in family law matters. Every case is different, so for advice specific to your circumstances, speak with one of our experienced family lawyers.

For more information, contact Catton and Tondelstrand Family Lawyers.

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