Duty of Disclosure in Family Law

Hello Everyone

Today I want to talk about the duty of disclosure in Family Law in Australia.

Often clients are reluctant to provide their bank accounts, credit card statements, tax records and the like to the lawyers for their ex-spouse. In particular no one likes having to show that they have earnt or how they have spent their money since separation.

The bottom line is that one of the very few reasons that Final Orders for Property Settlement or a Binding Financial Agreement can be set aside is if one person has failed to disclose all of their assets and liabilities.

The relevant date is the date of hearing not the date of separation, thus if you have received an inheritance, a bonus or a share allocation after separation then you must tell the other side about it. if you have been offered a redundancy you must tell the other side. If you have been on a spending spree you must tell the other side.

There are no exceptions to full and frank financial disclosure - and failing to provide same will only cause you greater legal costs and the wrath of the courts.

If you have any further queries please feel free to contact Nicola Watts directly at Septimus Jones & Lee on +61 3 9613 6555