Financial disclosure is unfortunately often a prominent issue in family law. The Honourable Justice Brown, writing for the majority, in Michel v Graydon, 2020 SCC 24, quoted Cunha v Cunha, 99 BCLR (2d) 93 (SC) at paragraph 33: “Failure to disclose material information is the cancer of family law litigation.” This sentiment has been quoted many times over by the Nova Scotia Courts, other provincial courts, and even the Supreme Court of Canada. Contained within this sentiment is the frustration the Court systems face with the lack of disclosure by litigants.
What Are You Required to Disclose in a Family Law Case?
Disclosure refers to the relevant documents that are required for litigation. In the family law context, when we consider disclosure, we often think of financial disclosure. Financial disclosure is required in any claims involving child support, spousal support, and property division (whether it is matrimonial property division, or common law property division).
For claims of child support and spousal support, income information is required. This involves the filing of a Statement of Income. A Statement of Income most often includes your three (3) most recent Income Tax Returns and Notices of Assessment. It also must include confirmation of your current income. If you are self-employed, a member of a partnership, control a corporation, or receive income from a trust, you may have additional disclosure requirements.
For claims of property division, a Statement of Property is often required. A Statement of Property requires you to list all assets and debts you hold. The nature of the asset, and the nature of the claim, will inform by which date you will be required to value the asset or debt.
Failing to Provide Full and Proper Financial Disclosure Can Cost You
Full and proper disclosure is required to properly assess claims of child support, spousal support and property division. Failure to disclose this relevant information can have serious consequences, including costs being awarded against you, delayed court scheduling, and in some circumstances, can even result in your case being dismissed.
The family lawyers at Lenehan Musgrave LLP can help you understand your disclosure obligations, and can help you prepare the necessary documents to meet them. Please contact us for a consultation today or submit the form below to meet with our team of experienced Dartmouth lawyers.
