One of the biggest hurdles after separation is getting the other person to provide honest and full financial disclosure for the relationship property division. Whether it’s bank records, trust documents, business accounts, or debt information—delays and avoidance are common, especially when you’re trying to resolve relationship property fairly.

You’re Not Alone — This Happens Often

At FDSS, we’ve heard from many separarted parents who, during the negotiation process, struggled for months or even years trying to get proper financial disclosures from the other party. They’ve spent thousands in legal fees just on correspondence between lawyers (one case we know $50k for emails)—with no progress. Some say it felt like the other party was just stalling the process, hoping they’d give up.

We’ve even attended Family Court hearings 5 years and 7 years after separation, and still the necessary financial documents were not disclosed. These delays are not only frustrating but deeply unfair and costly for the person genuinely trying to resolve things.

But here’s something many don’t know:

Under Rule 140 of the Family Court Rules, you can apply to the court for disclosure—even before you file proceedings under the Property (Relationships) Act.

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You Don’t Have to Wait for a Court Case to Start

Rule 140 is designed to support you early on—when:

• You’re trying to negotiate a fair settlement,

• You’re preparing for mediation, or

• You need to prepare for a Property (Relationships) Act application but can’t do so properly without certain documents.

It can be a game-changer during the negotiation phase—helping you come to mediation better prepared or decide if a formal claim is even necessary.

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What Does Rule 140 Allow?

If the court is satisfied that:

• You may be entitled to bring a property claim,

• You can’t properly prepare for it or negotiate without specific documents,

• And the other party (or someone else) may have or had those documents,

…it can order that person to file an affidavit stating:

• Whether they currently hold the documents,

• Or if they no longer do, what became of them.

This tool breaks the deadlock, especially when one person refuses to be transparent.

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It’s Free and You Can Do It Yourself or Through Your Lawyer

• No filing fee is required.

• It’s an interlocutory application on notice, meaning both the other party and anyone holding the documents are notified.

• You can file it yourself, with our help at FDSS, or through your lawyer (Lawyers fees may apply).

• It’s a last resort, intended for when polite requests and negotiations haven’t worked.

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Common Scenarios Where Rule 140 Can Help

1. Preparing for Mediation

Sarah is heading into mediation with her ex-partner to divide their property fairly. Her ex won’t provide bank or investment records. She applies under Rule 140 to ensure she has the information she needs beforehand.

2. Suspected Trust or Hidden Assets

Leo suspects his ex transferred assets into a trust but can’t get hold of the trust deed. Using Rule 140, he asks the court to compel disclosure so he can properly assess his legal position.

3. Ongoing Legal Fees with No Results

Rina has spent over a year and thousands in legal fees asking for loan documents her ex refuses to hand over. She applies under Rule 140 to finally get answers—and stop the money drain.

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Why Rule 140 Matters

Rule 140 is about fairness. It gives you:

• A path forward when you’re stuck in the dark,

• A way to move toward resolution instead of endless delays,

• And the ability to prepare properly—without relying on the goodwill of someone who might not want to cooperate.

Whether you’re heading to mediation or just starting to negotiate, having access to the right information is crucial.

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What About After Court Proceedings Start?

Yes—discovery and disclosure can still be sought after you file proceedings. But that process can take time, and you’ll be subject to additional court rules and procedural steps.

That’s why Rule 140 is so useful: it lets you obtain the documents you need before filing, so you’re not going in blind.

It gives you the upper hand in negotiations, helps you avoid unnecessary court battles, and gives you confidence at mediation.

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We’re Here to Help

At FDSS, we support people like you every day. If you’re stuck waiting on documents, or being dragged into endless back-and-forth with no outcome, reach out.

We can help you:

• Understand whether Rule 140 applies to your case,

• Prepare the application correctly,

• And guide you through the process—with or without a lawyer.

You deserve clarity, and you don’t have to go through it alone.

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⚠️ Final Note: Use With Care

This article is for informational purposes only and is not legal advice.

Rule 140 should be used as a last resort, once reasonable efforts to obtain disclosure have failed.

💡 Although there’s no filing fee, costs may be awarded against you if your application is found to be:

• Unreasonable,

• Unnecessary, or

• Poorly prepared.

✅ To avoid that, make sure:

• Your request is clear, specific, and justified,

• You’ve tried informal and legal channels first,

• You seek guidance from a lawyer or contact us at FDSS before filing.

A well-prepared Rule 140 application can save time, money, and years of frustration.

Need Help With Relationship Property Mediation?

FDSS offers FMS Mediation; a Dual Mediator Model to support balanced, fair negotiations.

✅ Two trained mediators (one for each party)
✅ Focus on resolution without the court intervention