What do I need to disclose? Changes to the duty of financial disclosure under the Family Law Act 1975

During family law negotiations and proceedings, all parties have an ongoing obligation to provide full and frank financial disclosure.

From 10 June 2025, the importance of the duty of financial disclosure has been elevated. The Family Law Amendment Act 2024 has codified the duty of disclosure by inserting new disclosure provisions in the Family Law Act 1975.  This new framework provides parties and practitioners with clarity about the scope of the duty and the consequences of failing to comply with the duty.

The duty of disclosure is now part of the Family Law Act 1975 under sections 71B (in the case of marriages) and 90RI (in the case of de facto relationships). The new sections confirm the following:

1. Parties have a duty to both the court and each other to provide ongoing full and frank disclosure on time;
   If you receive a reasonable request for financial disclosure from the other party, it should be answered in a reasonable timeframe. You are also entitled to ask for the equivalent disclosure of the other party, so long as it is in their possession or control.

2. The duty applies for the duration of the proceedings.
   This includes from when negotiations commence until final orders or a financial agreement are made.

3. The Court has the power to impose consequences on a party if they do not comply with its duty of disclosure.
   The Court may:

   1. Take the failure into account when making an order for the alteration of property interests under section 79;

   2. Make any orders concerning disclosure that the court considers appropriate;

   3. Make an order for costs that the court considers just;

   4. Impose sanctions;

   5. Punish a party for contempt; or

   6. Stay or dismiss all or part of the proceedings.

4. The duty extends to information known to the party and documents that have been in their possession or control, as well as information and documents prescribed by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

   This includes information and documents relating to a party’s income and any of their financial resources, assets, liabilities and superannuation. Some documents that are often requested or exchanged are bank statements, tax returns, superannuation statements, share statements and online car valuations.

5. There is now a higher standard expected of legal practitioners when advising clients about their duty of disclosure.

   Legal practitioners must provide their clients with information about their duty of disclosure and the consequences of non-compliance with their duty of disclosure. Legal practitioners must also encourage clients to take all necessary steps to comply with their duty of disclosure.

If you are unsure about your legal obligations in relation to the provision of financial disclosure, you should seek legal advice. Contact Robinson + McGuinness to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers.

ACT Reforms: Family Violence Lease Terminations and how they may impact you

On 10 December 2024, a number of reforms to the Housing and Consumer Affairs Legislation Amendment Act 2024 came into effect in the ACT. The reforms are aimed at increasing safety measures for renting families experiencing family violence. If you have experienced family violence, you can now break your fixed term lease immediately and without penalty.

To end your lease immediately and without penalty, you must complete a ‘family violence termination notice’ and provide notice to your landlord or managing real estate agent in writing, by email, post or in person. The family violence termination notice is available on the ACT Government website and via this link.

You may end your tenancy agreement on the vacating date in your notice. Rent is payable up until your vacating date, but you will not be subject to any break lease fees.

To establish a ‘family violence termination’ as a tenant, you will need supporting documentation; such as a family violence order, a family law order (being an injunction under section 68B or section 114 of the Family Law Act 1975 (Cth)) or a declaration by a competent person (such as a mandated reporter if dependent children are involved, DVCS employees, CYPS employees or eligible social workers).

Upon providing notice and your supporting documentation, your landlord will not be able to ask for any further documentation and is subject to certain confidentiality requirements. Your landlord is only able to share your family violence termination notice with a limited number of people, including their agent, an employee of their agent and the ACT Government. Your landlord is also able to share the notice with their lawyer, to obtain legal advice.

Your landlord cannot inform any co-tenant that you are leaving prior to your vacate date - any co-tenant will be informed within 7 days following your vacate date. The landlord must issue a co-tenant with a ‘notice of continuing tenancy’ which will alert the co-tenant to the fact you have provided the landlord with a family violence termination notice. The co-tenant may then choose to continue their tenancy agreement (paying the full rent for the property), or end their tenancy agreement (subject to any applicable notice periods). This form is available on the ACT Government website and via this link.

For those living in Housing ACT properties, you should not complete a family violence termination notice unless you have found alternate housing outside of your public housing tenancy. Housing ACT has a number of other supports available to those experiencing family violence - see more via this link.

If you are a victim of family violence or need assistance in navigating leaving a relationship safely, you can make an appointment with one of our experienced family lawyers at Robinson + McGuinness. To arrange an appointment by email contact us at info@rmfamilylaw.com.au or call us on 02 6225 7040 or get started now online.

For family violence support and assistance, contact 1800 RESPECT via the National Helpline on 1800 737 732.

Author: Anika Buckley, Associate