Disclosure is a complex area of law. The information here is an overview only of the requirements. You must carefully read Chapter 6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (the Rules) to understand your full obligations. If you are unsure about any of your obligations, you should get legal advice. A lawyer will help you understand your legal rights and responsibilities, including:
your duties and obligations about disclosure, including full and frank disclosure
the effect of the undertaking as to disclosure
Duty of disclosure requires all parties to a family law dispute to provide to each other party all information relevant to an issue in the case. This includes information recorded in a paper document or stored by some other means such as a computer storage device and also includes documents that the other parties may not know about. This duty starts with the pre-action procedure before the case starts and continues until the case is finalised.
As a party, you must continue to provide such information as circumstances change or more documents are created or come into your possession, power or control. For more information, see Rule 6.01 of the Rules.
In addition to general disclosure requirements, there are specific rules about full and frank disclosure in financial cases (see Rule 6.06). Disclosure must be of the party’s total direct and indirect financial circumstances.
It requires disclosing all sources of earnings, interest, income, property (vested or contingent interests) and other financial resources. This applies whether the property, financial resources and earnings are owned by or come to the party directly, or go to some other person or beneficiary (for example, the party’s child or de facto partner) or are held in corporations, trusts, company or other such structures.
Also required to be disclosed is information about any property disposal (whether by sale, transfer, assignment or gift) that was made in the year immediately before the separation of the parties or since the final separation and that may affect, defeat or deplete a claim.
博通澳洲悉尼家庭法律师有丰富的披露相关的经验，让您在离婚分居时掌握主动。
