Financial Disclosure Required in a Divorce Case

As part of Discovery, you are required to make a rather onerous amount of financial disclosure. Some of the documents required are:

  • your income tax returns for the last 3 years, including all attachments and schedules, and any notices of assessment or reassessment
  • your most recent pay stub
  • when you are self employed, your last 3 years of financial statements
  • deeds for all property you own
  • a listing of household items of greater value
  • bank statements for all bank accounts, brokerage accounts, RRSPs and other investments as of the month of separation
  • pension plan documentation
  • life insurance documentation
  • copies of all CSBs owned on the date of separation
  • trust documents and trust financial statements
  • employment contracts
  • statements for all credit cards and lines of credit for the month of separation
  • mortgage statements for the month of separation
  • documents supporting any gifts, inheritances or personal injury awards

This is just a general list of financial documents. Your lawyer can help you determine what other documents you may need to prove your case.

Providing these documents is a lot of work, but essential. As well, it is helpful to proving your case.

The more quickly you and your spouse exchange the necessary financial documents, the more quickly there can be a resolution to the financial issues in your divorce.

As well, providing all of this financial documentation helps to prevent mistrust between you and your spouse.

Here are some of the precedents our office uses:
1. Financial Disclosure Checklist – Support
2. Financial Disclosure Checklist – Property Division
3. Letter to client re financial disclosure needed.

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