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Do I need to show all my financials during separation?

What is a duty of disclosure?

Under the Family law Rules 2004, there is a requirement for all parties to provide each other with the relevant information to any issues of the matter. This means that if you and your partner are going through a property settlement, it is likely you will be asked to provide financial documents that demonstrate your financial position not only from the date of separation, but throughout the relationship.
You may also be asked to disclose information relating to children’s matters such as medical reports and school fees and more.

 

What kind of documents will I be asked to disclose?

Generally, you can be asked to provide the following documents as a minimum:

  • Bank statements (including credit card and mortgage) for the last 12 months
  • Tax Returns
  • Superannuation Statements
  • Valuations of any motor vehicles
  • Real Estate Appraisals for any properties
  • Details of any businesses or trusts

This list is non-exhaustive, and depending on your specific matter, you may be asked to disclose additional documents. 

It is also important to remember that the same documents you will be asked to disclose, will be asked of your partner as well.  

More information on your duty of disclosure can be found on the Family Court website here.

 

If my partner asks for financial documents, where to do I start?

If you receive any sort of correspondence from your partner or their Solicitor asking for your disclosure, we recommend you seek independent legal advice to ensure you provide the right documentation.
If you would like to speak with one of our Family Lawyers to find out more about your duty of disclosure, please do not hesitate to contact our office. 



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