Financial Statement (form)

A party to a financial or property proceeding must make full and frank disclosure of their financial circumstances, including earnings, interests in property, trusts they control or benefit from, disposals of property and liabilities (Family Law Rules r 6.06(2); Family Law Act ss 71B and 90RI). Rule 6.06(4) requires a party to a marriage or de facto relationship who starts, responds to or replies to such a proceeding (other than by an Application for Consent Orders) to file a Financial Statement at the same time. If the statement will not fully discharge the duty, the party must also file an affidavit (r 6.06(5)), and a significant change must be updated within 21 days (r 6.06(6)). The form is an affidavit, so it is sworn or affirmed before a witness. The court says this version is for lawyers; self-represented people should use the Financial Statement Kit, which adds instructions.

When you need it

• You are filing an Initiating Application or Response seeking property, maintenance, child support or financial enforcement orders.
• The court or trial directions require an updated Financial Statement (the standard trial directions require one before trial).
• Your financial circumstances have changed significantly since your last statement.

1. 1

   Part A - about you and the affidavit

   Give your name and address, tick swear or affirm, and sign before a Justice of the Peace, notary public, lawyer or authorised court staff member, who signs and prints their name.

2. 2

   Part B - financial summary

   Fill this in last: it carries forward the totals from items 16, 33, 44, 45, 55 and 58.

3. 3

   Parts C to H - employment, income and expenditure

   Give weekly amounts in whole dollars, write NIL where nothing applies and put E before any estimate. Include other household income, expenses others pay for you, and expenses you pay for others.

4. 4

   Parts I to L - property, superannuation, liabilities and resources

   Give current values of your share of each asset with ownership percentages, the gross value and type of each superannuation interest, your share of each liability, and interests in trusts, estates and other financial resources.

5. 5

   Part M - disposals

   List property disposed of by you or on your behalf in the 12 months before separation and since separation, as rule 6.06(2)(g) describes.

6. 6

   Parts N and O

   Complete Part N only if seeking maintenance, child support or financial enforcement orders. Use Part O for anything that does not fit elsewhere, with the Part and item it continues.

• File it at the same time as your application, response or reply (r 6.06(4)), and serve it on the other parties with that document. Family law applications should be eFiled through the Commonwealth Courts Portal.
• If circumstances change significantly, file a new statement within 21 days, or an affidavit if the changes can be stated in 300 words or less (r 6.06(6)).
• Under the standard trial directions an updated Financial Statement is filed and served before trial (Central Practice Direction, Schedule B).

• Do not leave items blank: the form asks for NIL where an amount is nil.
• Disposals do not need to be listed if made with the other party's consent or knowledge, or in the ordinary course of business (r 6.06(3)).
• Swearing a false Financial Statement can have serious consequences. Check every figure against bank, super and loan statements before signing.