Incomplete Disclosure in Family Law

Financial disclosure is a key part of family law proceedings. When one party fails to comply with a

disclosure order, the court has the power to make orders under Rule 1(8) of the Family Law Rules.

Before making an order, the court must first be satisfied that there has been non compliance with an existing court order.

If non compliance is established, the court may then consider factors such as:

(a) How relevant the missing disclosure is to the issues in dispute.

(b) Whether the missing disclosure is preventing the case from moving forward.

(c) The complexity of the case.

(d) How much disclosure has already been provided.

(e) The seriousness of the party efforts to provide disclosure.

(f) Any explanation given for the delay or failure to disclose.

Key Takeaway

Courts take disclosure obligations seriously. A party who ignores a court order or provides incomplete disclosure may face consequences under Rule 1(8). However, the remedy will depend on the relevance of the missing information, the complexity of the case, the efforts made to comply, and the overall fairness of the situation.

Contact TMB Law today to schedule a confidential consultation and learn how we can help with

disclosure issues and family law proceedings.