Financial Questionnaire

Rule 6.06(4) of the Family Law Rules says a party to a marriage or de facto relationship who starts, responds to or replies to a financial or property proceeding (other than by an Application for Consent Orders) must file a Financial Statement and a financial questionnaire in the approved form at the same time, unless the rules require the party to file an affidavit. The questionnaire records the party's case on contributions under section 79(4) or 90SM(4) of the Family Law Act and on current and future circumstances under section 79(5) or 90SM(5). It sits alongside the duty of full and frank disclosure in sections 71B and 90RI of the Act and rules 6.01 and 6.06. The form says that if the case goes to trial, you will be asked to adopt the facts in it as part of your evidence.

When you need it

• You are filing an Initiating Application (Family Law) or a Response seeking financial or property orders.
• You are a party to the marriage or de facto relationship, not a third party.
• You are not required by the rules to file an affidavit instead (for example, when seeking interlocutory orders).

1. 1

   Remove the instruction page

   The first page is information only and says to remove it before filing.

2. 2

   Part A - about you

   Give your full name and occupation, and for each child their name, date of birth, gender and the time they spend with you.

3. 3

   Part B - contributions

   State the contribution-based entitlement you seek as a percentage of net assets. Record what each party brought in at the start of cohabitation, then list in dot points the financial, non-financial and homemaker or parent contributions, any effect of family violence on contributions, and other matters, during cohabitation and since separation.

4. 4

   Part C - current and future circumstances

   State any adjustment you seek as a percentage and list the section 79(5) or 90SM(5) factors you rely on, such as age and health, income and resources, care of children, and wastage or liabilities.

5. 5

   Part D - statement of truth

   Sign and date every page and sign the statement of truth on the last page.

• File it at the same time as your Initiating Application or Response seeking financial or property orders (FLR r 6.06(4)). Family law applications should be eFiled through the Commonwealth Courts Portal.
• Serve it on every other party with the application or response and the other documents (form page). An Initiating Application must be served personally (FLR Table 2.2).
• File it with your Financial Statement, which is also required by rule 6.06(4).

• Do not write "NK" (not known). The form says to leave a question blank if you cannot answer it.
• Write in dot points and keep to facts you can prove. The questionnaire may become part of your evidence at trial.
• Make your percentages consistent with the orders sought in your application.