Duty of Disclosure in Family Law Matters

In all family law matters there is an overriding duty of all parties to provide full and frank disclosure. This duty applies both in parenting and property proceedings.

This duty requires that all parties in a family law matter provide to the other parties all relevant information with respect to their matter.

Your duty to disclosure commences immediately once a family law dispute arises and continues until your case is finalised.  This means that you are required to consistently provide information and documents to the other parties in your case as they come to hand.

If you fail to comply with your duty of disclosure, the consequences can be grave, and the Court may exercise its discretion in making a costs order against you. This means that you may be required to meet the legal costs of the other party, along with your own legal costs.

Further, if final Orders have been made in your matter and it is subsequently found that you failed to provide full and frank disclosure, the Court may set aside or vary your Orders.

It is important that you understand your duty of disclosure. The Family Law Rules 2004 provide a complete list of the rules of the duty of disclosure and you can speak to the lawyers at Perth Family Lawyers if you are unsure or would like further advice regarding your duty.

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