How to Comply with the New Family Law Disclosure Obligations

Significant changes have been made to Australia’s family law system. From 10 June 2025, the Family Law Amendment Act 2024 introduces new and strengthened disclosure obligations for all parties involved in parenting and property matters.
These reforms aim to promote greater transparency about the obligation in the Family Law Act and require lawyers to be informing clients of the consequences of non-disclosure as well as encouraging their clients to comply.
If you’re currently in, or planning to commence, family law proceedings, it’s critical to understand what’s required and how to meet your new obligations.

What Are the New Disclosure Obligations?

The new laws reinforce and expand the requirement that all parties must fully and honestly disclose all relevant information—whether about finances, or matters relevant to issues about parenting children, or other material facts—as early as possible and on an ongoing basis.

Under the changes, failure to comply can result in:

Costs orders
The exclusion of evidence
Delays or dismissals
Potential referrals for professional misconduct (for legal representatives)

7 Practical Tips to Stay Compliant

Understand What You Must Disclose
The law now clearly requires relevant information to be disclosed proactively, not just when requested. Depending on your case, this may include:
- For financial/property cases:
  - Bank statements
  - Tax returns
  - Superannuation details
  - Property valuations
  - Business records
- For parenting cases:
  - School records
  - Medical reports
  - Family violence orders or allegations
  - Communication records and other documents relevant to parenting issues
Start Early—Don’t Wait for Orders
Disclosure is not just a court-ordered requirement. Under the new regime, you are expected to begin disclosing relevant material as soon as reasonably possible, even before initiating proceedings or receiving a request.
Keep Your Records Organised
Maintain clear, dated records of all relevant documents, including:
- Communication logs (especially around parenting)
- Updated financial statements
- Receipts for major expenses
- Medical reports and education updates
Use folders or digital systems to keep these easily accessible. This reduces stress, avoids last-minute scrambling, and makes the exchange of financial documents with your lawyer or former partner easier.
Update Your Disclosures Promptly
The disclosure obligation is ongoing. If your financial or personal situation changes (e.g. you start a new job, sell a property, or you have surgery), you need to update your former partner and the court without delay.
Don’t Withhold Information Strategically
You are legally obligated to disclose even unfavourable information. Withholding, destroying, or delaying disclosure could seriously harm your credibility and your case—especially under the new legislation.
Correctly Complete Your Financial Statement
If you are in financial proceedings, you will be required to complete and file a Financial Statement. This is a summary of your assets, liabilities, superannuation, income and expenses that you swear or affirm is true and correct. You are required to complete a new Financial Statement when there has been a material change to those financial circumstances.
Omissions should be avoided and care taken to ensure that all relevant aspects of your position are disclosed. Speak to your lawyer if you’re unsure whether something must be included.
Seek Legal Advice Early
The disclosure rules under the Family Law Amendment Act 2024 are stricter and more enforceable. Getting legal advice early can help you:
- Identify exactly what you need to disclose
- Avoid costly errors or omissions
- Understand your obligations if you’re self-represented

Why This Matters

The new rules reflect a growing push toward early resolution and efficient court proceedings. They are designed to make family law less adversarial and more child-focused.

By complying with your disclosure obligations early and fully, you can:

Strengthen your credibility with the court
Avoid unnecessary disputes and costs
Lay the groundwork for meaningful negotiation or mediation

If you have questions about your obligations or need help preparing your documents, don’t wait. Early advice can save you stress, time, and money down the track.