Separating is hard enough without having to deal with complex disclosure obligations. Often, we hear clients say: “The other party already knows what we have.” “Can’t we just skip the paperwork?”

At RMO Law – We understand. But it is important to note that the process of disclosure is a legal obligation for separating couples and getting it wrong can cost far more than doing it properly.

Recent changes to the law

The duty of disclosure came into legal effect on 10 June 2025, when the Family Law Amendment Act 2024 (Cth) commenced. Disclosure obligations are now enshrined in the Family Law Act itself rather than in the Court rules alone. Legal practitioners and mediators are also now specifically required by law to inform clients of their obligations in respect of disclosure.

What is disclosure?

Both parties must disclose all information relevant to their financial circumstances. This includes disclosing income, assets, liabilities, business interests, and any property disposed of around the time of separation.

When does my obligation start and end?

From the moment you begin resolving financial matters until the matter is finalised. If your circumstances change, you must update your disclosure accordingly.

Can I opt out?

The answer is generally no.

While parties to a Binding Financial Agreement (BFA) or Consent Orders can mutually waive disclosure, RMO Law does not recommend it because of the risks that include the Orders or the BFA being set aside, a later challenge, or receiving less than your entitlement.

What if my former partner won’t disclose?

Their failure doesn’t relieve you of your own disclosure obligations. We can take steps on your behalf, including court orders compelling compliance.

The Federal Circuit and Family Court or Australia has broad powers to deal with non-disclosure, including drawing adverse inferences and making a “Weir Order” to adjust the property settlement against the non-disclosing party, making costs orders, and findings of contempt of court, which in very serious cases has resulted in a period of imprisonment.

Beyond the legal consequences, incomplete disclosure delays resolution and adds cost and stress to an already difficult process.

How can RMO Law help?

At RMO Law, we have assisted 1000’s of clients for over 50 years with their family law matters.

Navigating financial disclosure can be complex, but getting it right is essential to achieving a fair outcome. At RMO Law, we provide clear, practical advice to help you move forward with confidence. If you need guidance, our team is here to help.

📞 1800 999 529
🌐 rmolaw.com.au
📧 mail@rmolaw.com.au

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

Article Authorised by Roly O’Regan