ACT Divorce Financial Disclosure Checklist: Every Document You Need
ACT Divorce Financial Disclosure Checklist: Every Document You Need
Since 10 June 2025, the duty of full and frank financial disclosure has been elevated from the court rules into the Family Law Act itself under Section 71B (married couples) and Section 90RI (de facto couples). It is no longer just procedural guidance — it is a statutory obligation with consequences for non-compliance.
Both parties must provide complete, accurate, and ongoing disclosure of their financial circumstances. "Ongoing" means the duty does not end when you exchange initial documents — if your financial position changes during negotiations, you must update the other party.
Here is the complete document list organised by asset class.
Income and Employment
- [ ] Payslips for the past 3 months
- [ ] Tax returns and notices of assessment for the past 3 financial years
- [ ] If self-employed: business tax returns, profit and loss statements, and balance sheets for the past 3 years
- [ ] Evidence of any other income sources — rental income, dividends, trust distributions, government benefits
- [ ] Employment contract or letter confirming salary, benefits, and any bonus or share plan entitlements
Bank Accounts and Cash
- [ ] Statements for all individual bank accounts (savings, transaction, term deposits) for the past 12 months
- [ ] Statements for all joint bank accounts for the past 12 months
- [ ] Statements for any accounts held in the name of a company, trust, or other entity you control
- [ ] Credit union or building society account statements
Real Property
- [ ] Certificate of title for the family home (obtainable from Access Canberra or through an ACTLIS search)
- [ ] Most recent mortgage statement showing the current balance and interest rate
- [ ] Most recent rates notice from the ACT Revenue Office
- [ ] Any rental agreements for investment properties
- [ ] Formal property valuation from an API-registered valuer (online estimates are not accepted by the court)
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Superannuation
- [ ] Most recent member statement from every super fund
- [ ] For PSS or CSS members: family law information request submitted to the Commonwealth Superannuation Corporation (allow 4-6 weeks for the actuarial valuation)
- [ ] For self-managed super funds (SMSFs): the fund's financial statements, trust deed, and investment strategy
- [ ] Details of any superannuation contributions made post-separation
Vehicles and Personal Property
- [ ] Vehicle registration documents and evidence of current market value (dealer quotes or redbook.com.au)
- [ ] Insurance policies listing personal property (jewellery, artwork, collectibles)
- [ ] Any items valued above $10,000 require formal valuation
Investments and Financial Products
- [ ] Share trading account statements showing current holdings and cost base
- [ ] Managed fund statements
- [ ] Cryptocurrency exchange account statements and wallet addresses
- [ ] Life insurance policies (including any surrender value)
- [ ] Bonds, debentures, or fixed-income investments
Debts and Liabilities
- [ ] Credit card statements for all cards (individual and joint) for the past 12 months
- [ ] Personal loan statements
- [ ] Car loan or lease agreements
- [ ] HECS-HELP debt balance (available through myGov/ATO)
- [ ] Any court fines, tax debts, or judgment debts outstanding
- [ ] Guarantor obligations on any other person's debt
Business and Trust Interests
- [ ] ASIC company search extracts for any company you direct or hold shares in
- [ ] Trust deeds and financial statements for any trust where you are a beneficiary, appointor, or trustee
- [ ] Partnership agreements and financial statements
- [ ] Details of any loans between you and a company or trust you control
Disposals and Changes
- [ ] Details of any property sold, transferred, or given away in the 12 months before separation or since separation
- [ ] Any assets acquired since separation
- [ ] Any debts incurred since separation
- [ ] Changes to insurance, superannuation beneficiaries, or wills since separation
What Happens If Disclosure Is Incomplete
The consequences of non-disclosure under the 2024 amendments are significant:
- The court can draw adverse inferences — assuming the undisclosed asset or income exists and is more valuable than claimed
- A finalised consent order or BFA can be set aside years later if material non-disclosure is proven
- The non-disclosing party can be ordered to pay all legal costs
- In serious cases, contempt proceedings may follow
The duty is mutual. If you suspect your former partner has not disclosed everything, you are entitled to request specific documents and, if necessary, apply to the court for discovery orders.
The ACT Divorce Financial Split Guide includes a printable disclosure letter template and an asset pool ledger where you can record every item with its valuation, ownership, and supporting documentation.
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