The Family Law Act 1975 has been amended to codify a party’s duty of disclosure relating to financial or property matters. These changes clarify existing obligations and mark a shift toward greater accountability and transparency in family law proceedings.
Introduction
From 10 June 2025 onwards, the Act formally incorporates a party’s duty of disclosure regarding financial or property matters into legislation. Sections 71B (for married parties) and 90RI (for de facto relationships) now enshrine this long-standing obligation, previously contained in various rules and common law. While the concept of full and frank disclosure has been a cornerstone of family law practice for decades, these amendments give it statutory force for the first time.
What does the new duty require?
Sections 71B and 90RI state that each party must give full and frank disclosure of information relevant to the issues in the case. This obligation is ongoing – it begins before the commencement of court proceedings and continues until the matter is finalised.
The new provisions reinforce the requirement that parties disclose:
- all income, assets, liabilities and financial resources
- any financial dealings with third parties
- documents that may affect the value or existence of property
- information about superannuation interests, trusts or companies.
The explanatory documents to the amendments make it clear that disclosure is not optional, strategic or negotiable. It is a legal duty owed to the court and the other party.
Why was legislative codification necessary?
Until now, the duty of disclosure was primarily grounded in family law rules and case law. While this framework was functionally effective, it lacked statutory clarity, which sometimes led to perceived inconsistent enforcement or misunderstandings about the scope of the duty.
Embedding the disclosure duty into the Act elevates its legal status and removes ambiguity about its operation. It also helps self-represented parties understand their responsibilities, as the obligation now appears plainly in the Act itself.
Implications for family law clients
Failing to disclose relevant financial information is now a breach of a statutory duty. This can have serious consequences for parties in family law matters, including:
- costs orders against the non-disclosing party
- excluding evidence that was not property disclosed
- setting aside of orders or financial agreements made in reliance on incomplete or missing information.
Although courts had those powers before the legislative amendments, the increased emphasis on disclosure reflects a broader trend towards greater accountability and early resolution of matters.
Therefore, while the amendments to do not change parties’ disclosure obligations, as part of a best practice approach parties should:
- begin compiling financial documents early
- disclose all relevant information – even if it seems minor or potentially unhelpful to their case
- update their disclosure promptly if their circumstances change
- avoid attempts to conceal, undervalue or delay the release of financial information.
If you have any questions about disclosure in a financial or property settlement matter, please contact one of our experienced family lawyers.
