Family law

Family-law property disclosure checklist

Direct answer: Parties to an Australian family-law property matter generally have an ongoing duty to provide full and frank financial disclosure. Prepare documents about assets, liabilities, income, superannuation, companies, trusts and transactions—even if an item is held jointly, overseas, through another entity or acquired after separation.

Get urgent advice if

  • assets are being sold, transferred, hidden or depleted;
  • money is being removed from joint accounts;
  • a property sale, company transaction or trust distribution is imminent;
  • records may be destroyed or access has been removed;
  • there is family violence, coercive control or financial abuse;
  • limitation periods may be approaching;
  • bankruptcy, insolvency or creditor action is involved;
  • an overseas asset or entity may be difficult to preserve.

Do not access accounts or devices unlawfully. Preserve material you are entitled to hold and obtain advice about formal disclosure processes.

Personal and relationship information

  • Marriage, separation and divorce dates.
  • Chronology of major relationship and financial events.
  • Details of children and care arrangements.
  • Current health, employment and earning capacity.
  • Existing agreements, orders or proceedings.
  • Evidence of significant initial contributions, gifts or inheritances.

Real estate

  • Current title searches or ownership details.
  • Purchase and sale contracts.
  • Recent appraisals or valuations.
  • Mortgage and offset-account statements.
  • Rates, strata and land-tax records.
  • Rental income and property-management statements.
  • Documents for property held through a company, trust or overseas.

Bank accounts, cash and credit

  • Statements for personal and joint bank accounts.
  • Savings, term deposits and offset accounts.
  • Credit-card and personal-loan statements.
  • Online payment, foreign-currency and digital-wallet accounts.
  • Records of significant withdrawals, transfers or cash holdings.

Superannuation and insurance

  • Current superannuation statements for every fund.
  • Defined-benefit, self-managed and overseas pension information.
  • SMSF trust deed, accounts, returns and investment records.
  • Life-insurance, investment-bond and surrender-value information.
  • Requests or forms needed to obtain valuation information.

Companies, trusts, partnerships and businesses

  • Company searches, constitutions and share registers.
  • Trust deeds, variations and appointor/trustee details.
  • Partnership or shareholders agreements.
  • Financial statements and tax returns.
  • BAS, ledgers and bank statements.
  • Business valuations or sale proposals.
  • Director/shareholder loan accounts.
  • Related-party transactions and distributions.
  • Intellectual property, goodwill and business assets.

Investments and valuable property

  • Shares, managed funds, bonds and trading accounts.
  • Cryptocurrency and exchange/wallet records.
  • Vehicles, boats and recreational assets.
  • Jewellery, art, collections and high-value items.
  • Options, employee shares and deferred entitlements.
  • Overseas investments and assets.

Liabilities

  • Mortgages and secured loans.
  • Credit cards and personal loans.
  • Tax debts and payment arrangements.
  • Business and director liabilities.
  • Guarantees and contingent liabilities.
  • Family loans, including evidence of terms and repayments.
  • Legal costs, judgments and other claimed debts.

Income and taxation

  • Recent payslips and employment contract.
  • Personal tax returns and notices of assessment.
  • Centrelink or other benefit records.
  • Bonus, commission and allowance information.
  • Rental, dividend, trust and business income.
  • Expected changes to employment or income.

Transactions and disposals

  • Property sold or transferred before or after separation.
  • Large gifts, loans or payments to family members.
  • Unusual withdrawals or new debts.
  • Changes to trusts, companies or shareholdings.
  • Compensation, inheritance or windfall payments.
  • Documents explaining how sale proceeds were used.

Organising the disclosure

  • Use complete statements, not selected screenshots.
  • Keep original files and provide readable copies.
  • Label documents by institution, account and date range.
  • Prepare an asset-and-liability schedule.
  • Identify missing material rather than guessing.
  • Update disclosure when circumstances change.

What happens next?

Legal Care Australia can identify relevant disclosure, prepare a financial schedule, request missing information and advise about the property-settlement process where the firm accepts the matter.

Client next step: Book a private consultation and bring an initial asset-and-liability list. Do not send unlawfully obtained records or extensive sensitive material before the firm confirms it can act and provides a secure upload method.

Official information

General information only. Disclosure requirements and procedural obligations depend on the case.

Written for general information and reviewed by Vinh Nguyen, Principal Lawyer. Australia / Western Australia client service law. This is general information, not legal advice about your circumstances.

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