Family law
What if the financial information appears incomplete?
Family-law financial matters require proper disclosure. If information appears incomplete, preserve lawful records, identify specific gaps and obtain advice about proportionate requests or court processes. Avoid unlawful access to accounts or devices.
Conflict clearance and written engagement are required before the firm acts.Quick answer
What are your financial disclosure obligations in an Australian family law matter?
Each party must give full and frank disclosure of their financial circumstances. If information appears incomplete, list the specific gaps, preserve records you lawfully have, and seek advice about proportionate requests or court processes. Do not access another person's accounts or devices without authority — the court has powers to require disclosure and can draw inferences against a party who does not comply.
- Both parties must give full and frank financial disclosure.
- List specific missing documents or unexplained transactions.
- Preserve records lawfully available to you; do not alter or destroy them.
- Accessing another person's accounts or devices without authority may be unlawful.
- Courts can compel disclosure and draw inferences against non-disclosure.
Jurisdiction: Australia (federal family law).
Sensible first steps
- List the missing documents or unexplained transactions.
- Preserve records lawfully already available to you.
- Note companies, trusts, related parties and unusual transfers.
- Do not destroy, alter or improperly access information.
- Identify urgent risks to property or evidence.
- Obtain advice before making public allegations.
COMMON QUESTIONS
Frequently asked questions
What are the disclosure obligations?+
Each party must give full and frank disclosure of their financial circumstances. The court has powers to address non-disclosure, so it is rarely wise to hide or ignore information.
Can I access my ex-partner's accounts to check?+
No. Accessing another person's accounts or devices without authority may be unlawful. Gather what is lawfully available to you and seek advice on proper processes.
What can the court do about hidden assets?+
The court has powers to require disclosure and to draw inferences against a party who does not disclose. Proper processes are more effective and safer than self-help.
What should I do first?+
Preserve the records you lawfully have, list specific gaps, avoid accusations, and get advice on proportionate steps before acting.