Financial Questionnaire Guide

Since 10 June 2025, the duty of full and frank financial disclosure is enshrined in the Family Law Act 1975 itself (sections 71B and 90RI). Non-compliance can result in adverse property adjustments, costs orders, and in serious cases, contempt of court proceedings.

Understanding the Financial Questionnaire

The Financial Questionnaire is a structured court form used in property and maintenance proceedings before the Federal Circuit and Family Court of Australia (FCFCOA). Unlike the Financial Statement which provides a snapshot of your current finances, the Financial Questionnaire sets out your contribution-based entitlement claim, identifies adjustment factors based on future needs, and states the orders you are seeking.

The Questionnaire is governed by Rule 6.06(5) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. The duty of disclosure itself is now codified in sections 71B (married couples) and 90RI (de facto couples) of the Family Law Act 1975.

What the Questionnaire covers

Contribution-based entitlement — your claim expressed as a percentage of the net asset pool, based on financial and non-financial contributions.
Needs and future circumstances — adjustment factors including age, health, earning capacity, and care responsibilities.
Proposed orders — the specific court orders you are seeking.
Undertaking — a formal declaration that the information provided is true and correct.

Important distinction

The Financial Questionnaire is not sworn evidence. It is a procedural document supported by a formal undertaking to the court. Your sworn evidence is provided separately through affidavits and the Financial Statement.

The Questionnaire serves a critical case management function. It allows the court to understand what each party is claiming before the first hearing, enabling efficient triage, early identification of disputed issues, and realistic assessment of settlement prospects. Without it, the court cannot properly manage your case from the outset.

When the Financial Questionnaire Is Required

When the FCFCOA Rules were first introduced in September 2021, the Financial Questionnaire was mandatory for every Initiating Application or Response seeking financial orders. On 28 November 2022, Rule 6.06 was amended: the Questionnaire is now only required where a party has not filed an affidavit with their application or response.

When you must file it

Filing an Initiating Application seeking final property or maintenance orders only (no interim orders).
Filing a Response to Initiating Application without an accompanying affidavit.
As directed by a judicial registrar after a Case Assessment Conference.

When it is not required

When you file an affidavit with your Initiating Application (the affidavit replaces it).
When seeking interlocutory (urgent/interim) orders, which require an affidavit.
Application for Consent Orders (separate form and process).

Types of proceedings where it applies

The Financial Questionnaire applies to all "financial proceedings" in the FCFCOA, which includes:

Property settlement (married couples)
De facto financial cause proceedings
Spousal maintenance applications
Financial enforcement proceedings

What You Must Disclose

Rule 6.06 requires full and frank disclosure of your total direct and indirect financial circumstances. The Financial Questionnaire captures three key areas: your contribution claim, your needs-based adjustment claim, and your proposed orders. This works alongside the separate Financial Statement which provides the raw financial data.

Contribution-based entitlement

You must state what percentage of the net property pool you claim you are entitled to based on your contributions. This covers:

Financial contributions — property brought into the relationship, inheritance received, wage and salary income, savings accumulated during cohabitation.
Non-financial contributions — homemaking, parenting, unpaid domestic labour, renovations, maintenance of property.
Contributions to welfare — contributions to the welfare of the family including as a homemaker or parent (section 79(4) and section 90SM(4) of the Family Law Act).

Needs and future circumstances (adjustment factors)

After the contribution assessment, the court considers whether an adjustment is warranted based on each party's future needs. Relevant factors include:

Age and state of health of each party
Income, property, and financial resources available to each party
Care responsibilities for children under 18
Capacity to earn income and reasonable employment prospects
The effect of any family violence on a party's contributions or future capacity
Duration of the marriage or de facto relationship

Proposed orders

You must clearly state the orders you are seeking from the court. Be specific: identify particular assets, state proposed percentages, and address superannuation if relevant. Vague or aspirational statements are unhelpful. The court needs to understand precisely what outcome you are pursuing.

Supporting documents

While the Financial Questionnaire itself does not include supporting documents, you must separately exchange comprehensive documentation including: three most recent tax returns and assessments, 12 months of bank statements, current payslips, superannuation member statements, property valuations, and (for businesses, partnerships, or trusts) three most recent financial statements and the last four Business Activity Statements.

Step-by-Step Completion Guide

Completing the Financial Questionnaire requires careful thought about your contribution claim and future needs. Each section builds on the previous one. Follow these steps methodically.

Step 1 — Personal details

Complete your full name, date of birth, occupation, and contact details. Ensure these match the details on your Initiating Application or Response.

Step 2 — Identify the asset pool

Before claiming a percentage, you need a clear picture of the total net asset pool. List all assets and liabilities, including those held indirectly through trusts, companies, or superannuation funds.

Do not forget to include superannuation interests, assets held through corporate structures, and any assets disposed of within 12 months before or after separation. Omitting these is a common source of adverse findings.

Step 3 — State your contribution claim

Express your contribution-based entitlement as a percentage. For example: "The Applicant claims a contribution-based entitlement of 60% of the net asset pool." Support this with a clear narrative explaining your financial and non-financial contributions throughout the relationship.

A well-supported claim reads: "The Applicant brought $120,000 in savings into the relationship, was the primary income earner for 8 years, and made the homemaker contribution for 4 years after the birth of children. The Respondent contributed inherited property valued at $80,000." A poor claim — "I deserve more because I worked harder and did everything around the house" — is vague, unsubstantiated, and unlikely to assist the court.

Step 4 — Address adjustment factors

Identify any section 75(2) factors (married couples) or section 90SF(3) factors (de facto couples) that justify an adjustment to the contribution-based percentage. Common adjustments include: significant disparity in future earning capacity, primary care of young children, health conditions limiting employment, and the impact of family violence on a party's capacity.

Step 5 — Draft your proposed orders

Write out the specific orders you want the court to make. Be precise and practical. Example proposed orders:

That the Wife retain the property at [address], subject to refinancing to discharge the joint mortgage within 90 days.
That the Husband receive a superannuation splitting order of 35% of the Wife's superannuation interest in [Fund Name].
That each party retain personal property in their possession.
That the joint bank account at [Bank] be divided equally.

Step 6 — Sign the undertaking

The final section requires your signature on a formal undertaking to the court. By signing, you declare that the information is true and correct to the best of your knowledge and ability. You must sign and date each page of the completed Questionnaire. A breach of this undertaking may constitute contempt of court.

Step 7 — File and serve

File electronically through the Commonwealth Courts Portal by uploading the completed, signed, and scanned form. The Questionnaire must be filed simultaneously with your Initiating Application or Response and served on the other party at the same time. Keep proof of service for your records.

Financial Questionnaire vs Financial Statement

These two documents are frequently confused. They serve different purposes and are governed by different rules. Understanding the distinction is essential for proper compliance with your disclosure obligations.

Feature	Financial Questionnaire	Financial Statement
Governing Rule	Rule 6.06(5)	Rule 6.05
Primary Purpose	States your contribution claim, adjustment factors, and proposed orders	Provides a comprehensive snapshot of current income, expenses, assets, liabilities, and superannuation
Nature	Procedural document with formal undertaking	Sworn affidavit-style document
Content Focus	Contributions, needs/adjustment, proposed orders	Raw financial data: income, expenses, assets, debts, superannuation
When Required	Only when no affidavit is filed	Required for all financial proceedings
Must Be Updated	As directed by the court	Whenever there is a material change in financial circumstances

Key distinction

Think of the Financial Statement as the "what" — a detailed inventory of your financial position. The Financial Questionnaire is the "so what" — what your financial position means in terms of your claim, your needs, and the orders you want.

Note on "Form 13": The term "Form 13 Financial Statement" is sometimes used colloquially, but it refers specifically to the Western Australian Family Court's form (governed by Rule 200 of the Family Court Rules 2021 (WA)). In the FCFCOA, the Financial Statement is simply called the "Financial Statement" — there is no Form 13 designation. If you are filing in the FCFCOA, use the forms published on the FCFCOA website, not WA forms.

The Duty of Disclosure

The duty of full and frank financial disclosure underpins the entire financial proceedings framework. Since 10 June 2025, this duty has statutory force under the Family Law Act 1975 itself, strengthening what was previously only a rule-based obligation.

The 2024 Amendment: Statutory Disclosure Duty

The Family Law Amendment Act 2024 elevated the duty of disclosure into the primary legislation:

Section 71B (married couples) and section 90RI (de facto couples) now impose a duty to give "full and frank disclosure, in a timely manner, of all information and documents relevant to the issues in the proceeding".
The duty applies from commencement of proceedings and continues until the matter is finalised.
Disclosure must occur proactively — you must volunteer relevant information even if not specifically asked for it.
Legal practitioners now have a statutory obligation to inform clients about their duty and actively encourage compliance.

Civil consequences

Adverse inferences drawn against the non-disclosing party
Property settlement adjusted against the non-compliant party
Costs orders of $5,000–$15,000 or more
Previously made consent orders set aside

Criminal consequences

Contempt of court for breach of the undertaking
Perjury under Crimes Act 1914 (Cth), sections 35–36 — maximum 5 years imprisonment
State perjury offences may also apply (up to 14–15 years)
Investigation by the Australian Federal Police

The disclosure obligation is ongoing

Your duty of disclosure does not end when you file the Financial Questionnaire. It continues throughout the entire proceedings. If your financial circumstances change materially — you receive an inheritance, sell an asset, change jobs, or acquire new liabilities — you must update your disclosure proactively without waiting to be asked.

Common Mistakes to Avoid

Procedural errors

Using "NK" (not known) — the form explicitly prohibits this. If you cannot answer a question, leave it blank for the court to address.
Filing when not required — after November 2022, if you file an affidavit with your application, the Questionnaire is unnecessary.
Not signing every page — each page must be signed and dated.
Confusing it with the Financial Statement — these are different forms with different purposes.

Disclosure errors

Reporting separation-date values — all figures must reflect your current financial position, not your position at the date of separation.
Omitting indirect interests — assets held through family trusts, discretionary trusts, or corporate structures must be disclosed.
Forgetting financial resources — anticipated inheritances, trust distributions, and pending settlements are "financial resources" and must be disclosed.
Not disclosing all superannuation — every superannuation interest must be disclosed, even if you do not intend to seek a splitting order.

Strategic errors

Strategic minimisation — deliberately understating assets or income is treated as a serious credibility issue with adverse inferences.
Vague contribution claims — "I contributed more" is insufficient; quantify and substantiate.
Ignoring asset disposals — sales, gifts, or transfers within 12 months before or after separation must be disclosed.
Not updating disclosure — the duty is ongoing; material changes require proactive updating.

Completeness errors

Missing Superannuation Information Form — if superannuation splitting is in issue, the separate Superannuation Information Kit must also be completed.
Incomplete supporting documents — tax returns, bank statements, and payslips must be separately exchanged.
Not filing a supplementary affidavit — if you know the Questionnaire does not fully discharge your disclosure duty, Rule 6.06(6) requires a supplementary affidavit.
Failing to serve — the Questionnaire must be served on the other party at the time of filing.

Frequently Asked Questions

Do I need both a Financial Questionnaire and a Financial Statement?

In most property proceedings, yes. You will need to complete a Financial Statement (Rule 6.05) regardless, and the Financial Questionnaire (Rule 6.06(5)) if you have not filed an affidavit with your application. The Financial Statement provides the raw financial data (income, expenses, assets, liabilities), while the Financial Questionnaire states your claim, adjustment factors, and proposed orders.

What if I do not know the value of an asset?

You must still disclose the asset's existence. If the precise value is unknown, provide your best estimate and note that it is an estimate. Do not write NK (not known). For assets requiring professional valuation (real property, businesses, defined benefit superannuation), indicate that a valuation is being obtained or will be sought.

Is the Financial Questionnaire needed for consent orders?

No. An Application for Consent Orders seeking property settlement orders does not require a Financial Questionnaire. Consent orders have their own separate application process and requirements. However, both parties still have a duty of full and frank disclosure to each other before entering into consent orders.

Can I amend my Financial Questionnaire after filing?

Yes. If your financial circumstances change materially or if you discover an error, you can file an updated Questionnaire or a supplementary affidavit addressing the changes. Under Rule 6.06(6), if you become aware that the Questionnaire does not fully discharge your disclosure duty, you must file a supplementary affidavit giving further particulars. The court will not penalise you for updating your disclosure — it will penalise you for failing to do so.

What percentage should I claim for my contribution entitlement?

There is no fixed formula. The contribution assessment depends on the specific facts of your relationship. In long marriages with children, courts often assess contributions at close to equal (45-55% to 55-45%) unless there are significant differentiating factors such as large inheritances, pre-relationship assets, or substantial post-separation contributions. Your claim should be realistic and supportable by evidence.

Do I need to disclose assets I owned before the relationship?

Yes. Full and frank disclosure means disclosing all assets regardless of when they were acquired. Pre-relationship assets are relevant to the contribution assessment — they are treated as an initial financial contribution by the party who brought them into the relationship. The weight given to pre-relationship assets depends on factors such as the length of the relationship and whether the asset was used for the benefit of the family.

Where can I get help completing this form?

Several support options are available: Court Registry staff can assist with procedural questions (not legal advice). Legal Aid provides free assistance if you meet eligibility criteria. Community Legal Centres offer free legal advice and assistance. RYTZ provides educational intelligence to help you understand financial disclosure requirements, track what documents you need, and prepare for property proceedings with confidence.