Duty of Disclosure in Family Law Disputes

Parties in family law disputes have a duty to give full and frank disclosure of all information relevant to the case. The purpose is to find the main issues of the case and reach settlement in a timely and efficient manner. Part 13 of the Family Court Rules explains the rules of disclosure.

The duty of disclosure applies to each document that is or has been in the possession or under the control of the party disclosing the document and is relevant to an issue in the case.

A party in a financial case must make full and frank disclosure of their financial circumstances including their earnings, any interest in property, other financial resources, any trust as well as income and interest in property owned by a legal entity that is fully or partially owned or controlled by a party. A party starting, or filing a response or reply to a financial case must file a financial statement and/or particulars at the same time.

Parties in parenting cases should disclose all relevant documents including medical reports, school reports, letters and drawings by the child, photographs, a diary.

A party may by written notice ask another party to give the requesting party a list of documents to which the duty of disclosure applies. The disclosing party must then serve the requesting party a list of documents within 21 days after receiving the notice. Copies of the documents may be requested by written notice. The disclosing party will then have to produce the copies, other than those which are privileged or no longer in their possession within 14 days. A party can also apply to court for a disclosure order.

After a case has been the subject of a conciliation conference and thereafter entered a defended list, a party may serve another party a request to answer specific questions.

Refusing to disclose documents can result in the Court refusing that information or document as evidence, staying, or dismissing all or part of the case, ordering costs, fine or imprisonment if contempt of court is found.