Duty of Disclosure in Family Law Separations

What documents need to be disclosed in a Family Law Property Settlement?

The types of documents a party may be asked to provide by way of disclosure are:

1.  A copy of your most recent Superannuation statement. A printout from your MyGov account might be very helpful.

2.  A copy of any Trust Deed where you may have an interest.

3.  A copy of bank or credit union statements (including credit cards/store cards), or any loan or mortgage statements. This could be in your sole name, in joint names with another party (even a new partner), or in the name of any company or trust in which you have an interest.

4.  Copies of individual tax returns or Notices of Assessment.  Again these can be located on your MyGov account.

5.  Copies of documents detailing any interest in a business, trust, or company, including things like profit and loss statements, asset registers and alike.

6.  Details of gifts, inheritance, windfalls (like Lotto wins), WorkCover payments or lump sum payments received during the relationship or since separation.

7.  Details of any interest in shares, bonds or investments (property or otherwise).

8.  Details of all assets, including valuations or appraisals of the assets.

9.  Details of debts or legal actions.

10.  A copy of recent payslips, Centrelink benefits or income statements detailing payments or income received.

Disclosure must also be made about any property disposal (whether by sale, transfer, assignment or gift) in the year immediately before the separation of the parties or since separation.