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Financial disclosure in property settlements – produce, or go to prison?
Both you and your ex-partner have an obligation to provide financial documents to each other and disclosure should be a relatively straightforward process. However, it can get tricky if one person does not want to provide certain information because they do not have it, believe the other person is not entitled to it, or are simply trying to hide something
Duty of Disclosure: I’ll show you mine if you show me yours
Separated couples negotiating a property settlement have obligations to provide complete disclosure of their financial circumstances.
The duty is not only to your former partner, but the duty also extends to the Court itself. Pursuant to Rule 13.04 of the Family Law Rules and Rule 24.03 of the Federal Circuit Court Rules, parties must make full and frank disclosure of their financial circumstances.
Lottery winnings and Property Settlements
Formalising a property settlement servers your financial ties and will prevent your former spouse from seeking an adjustment of property interests between you. If you have not entered into a formal property settlement, your former spouse may have a claim on your assets.