Form 13 financial statements and disclosure in the Family Court of WA

In a property case, the court can only divide what it knows about. That is why the rules of the Family Court of Western Australia put so much weight on disclosure, and why the financial statement is one of the most important documents you will sign.

This article sets out what the court's own rules, the Family Court Rules 2021 (WA), require. Those rules apply to both married and de facto couples in WA, and they are numbered differently from the federal rules you may read about.

The duty: full, frank and continuing

Rule 197 requires each party to give full and frank disclosure of all information relevant to the case, to the court and to each other party, in a timely way. The duty starts with the pre-action steps before anything is filed, and it lasts until the case is finished.

For a married couple, the same duty is now also in the Family Law Act 1975 (Cth), s 71B. For a de facto couple in WA, the duty for most of the case comes from the rules alone, because the WA Act has no equivalent section. The superannuation part of a de facto case is the exception, under s 90YJA of the federal Act. The practical effect is the same: disclose everything.

What must be disclosed

Rule 199 lists what disclosure covers in a financial case. It includes:

(a) your earnings, including income paid to someone else on your behalf;

(b) your interests in property, whether you hold them alone, jointly or through someone else;

(c) the income and interests of companies, trusts and partnerships you control or benefit from;

(d) other financial resources, such as an expected inheritance or access to family money;

(e) your liabilities; and

(f) property you disposed of in the 12 months before separation, or since separation, if it could affect the claim.

Item (f) catches money moved to a relative, a car sold cheaply to a friend, or savings spent just before the relationship ended. It does not cover ordinary business transactions or disposals the other party agreed to or knew about.

The financial statement (Form 13)

When you file an application or response seeking financial orders, you file a financial statement (Form 13) with it (r 200). The form asks for your income, your living expenses, every asset and debt with its value, your superannuation and your interests in entities. If the form cannot fully show your position, for example because you have a complicated business structure, you must also file an affidavit giving the further detail.

Rule 201 deals with change. If your financial circumstances change significantly after you file, you must file a new financial statement within 21 days. Where the changes can be set out in 300 words or less, an affidavit is enough.

Unlike the federal court, the Family Court of WA does not require a separate financial questionnaire. A financial statement is not needed for an application for consent orders, which has its own form.

The documents, and when they are exchanged

The financial statement is only the summary. Behind it sit the documents. The rules set the timing.

(a) As far as practicable, at least two days before the first court date, each party gives the other copies of the core documents under r 190. These include the three most recent tax returns and assessments, superannuation statements or forms, and for any company, trust or partnership its last three years of financial statements, its deed, constitution or partnership agreement, and recent business activity statements. They also include a market appraisal or opinion of value for each item of property whose value is not agreed.

(b) Before the conciliation conference there is a further exchange of updated documents under r 191.

(c) After the conciliation conference, a party can ask for a list of documents (r 216), and can put up to 20 specific questions to the other party, which are answered on affidavit (r 222). Only one set of questions is allowed.

Anything you give the other side for the case can only be used for the case.

The undertaking

Before the readiness hearing, each party files a signed undertaking that they have read the disclosure rules, know their duty and have complied with it (r 211). Rule 212 requires it at least 28 days before the readiness hearing. The court's readiness hearing page says 56 days unless orders say otherwise, so check the orders in your case. A false or misleading statement in it is an offence carrying a fine of up to $5,500.

What happens if disclosure fails

Rule 210 sets out the consequences. A document you did not disclose cannot be used in evidence without the other party's consent or the court's permission. The court can also:

(a) find you in contempt;

(b) order you to pay costs; and

(c) stay or dismiss your case, wholly or in part.

Beyond the rules, a court that finds a party has hidden assets can draw inferences against them, and may give the other party a larger share to allow for what was concealed. An order or an agreement made on incomplete disclosure can also be set aside later.

Getting it right in practice

Three habits help.

(a) Start collecting now. Bank statements going back at least a year before separation, payslips, tax returns, super statements, loan statements and any business records.

(b) Value what is disputed. A real estate agent's appraisal is often enough for the first exchange. A sworn valuation may follow if the value stays in dispute.

(c) Be complete rather than tactical. Leaving something out rarely helps and often costs more in credibility than the asset was worth.

A family lawyer will prepare your Form 13 with you, check the other party's disclosure against their documents, and use the rules above to get what is missing. That work happens before the conciliation conference, which is why it so often decides the result.

This article is general information about the law in Western Australia as at 27 October 2026. It is not legal advice about your situation.