Disclosure in family law: How the 2025 amendments will affect you.

Why disclosure matters in family law

Disclosure can be a pain to complete, but it is a very important part of assessing and finalising any property claim a party may have against their former partner or spouse, or determine how a child can safely spend time with a parent.

What is disclosure in family law?

Disclosure is an obligation completed by both parties to a relationship which has broken down. It is required in both property and parenting matters. Both parties are required to disclose all information which is relevant to the matter in a timely manner. The obligation is ongoing and does not end until the matter is finalised.

What information must be disclosed?

Disclosure in property matters

In property matters, parties must disclose all of their financial circumstances like their payslips, taxation returns, bank statements, superannuation statements and details of any companies or trusts they have an interest in, to determine what assets and liabilities they have and what their income is. Parties are also required to disclose any lump sum amounts they have received prior to, during or after the relationship. This is relevant to determine the asset pool that is available to divide, what the parties’ financial resources are, what financial contributions the parties have made to the relationship and what their needs will be into the future.

Disclosure in parenting matters

In parenting matters, parties disclose things like criminal records, intervention orders, medical information about a party or child and school reports. The documents are used to determine what needs the child or children have and how a child or children can spend time with a parent safely.

What’s changing on 10 June 2025?

Disclosure obligations currently appear in the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. On 10 June 2025, disclosure obligations will move to the Family Law Act 1975. The disclosure obligations will be the same, but there will be stronger penalties if you do not comply. The Court will be able to take non-compliance into account in the property settlement (i.e. penalise you by reducing your entitlement to the asset pool if you have not complied) or make a costs order against you. The Court will also have the ability to issue fines or jail time if the breach is severe.

Penalties for non-compliance

It is extremely important that you are complete open and honest with both the Court and the other party in both property and parenting matters so that matters can be finalised justly and equitably.

We're here to help

If you would like to speak with experienced Family Lawyers about disclosure, or any other issues around a separation or divorce, we're here to help guide you through the process.

Our team of lawyers in SA have helped thousands of South Australians protect their family's rights. When experience matters, we’re here to help you, too.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.