Mandatory Disclosures – What Are Those?

Florida Family Law Rule of Procedure 12.285, Mandatory Disclosure, establishes all of the financial documents that must be provided to the other side/the other sides attorney in initial and supplemental family law cases.

Why Are These Documents Required?

Mandatory Disclosure requires parties to disclose certain financial information and documents to the other side in order to paint a clear and accurate picture of each party’s finances. This disclosure can either aid the parties in reaching a fair agreement, or assist a judge in dividing assets between the two parties fairly and equitably.

What Documents Are Required To Be Produced?

The following is a brief synopsis of some of the documents required.

1. A Family Law Financial Affidavit
   • Short Form Financial Affidavit (individual annual gross income of $50,000 or less)
   • Long Form Financial Affidavit (individual annual gross income of $50,000 or greater)
2. Tax Returns for last three years
3. Pay Stubs for last 6 months
4. Loan Applications, Financial Statements, Credit Reports or other form of financial disclosure within 24 months of the date of production.
5. Deeds to real estate in which an interest is or was owned for past 3 years.
6. Any promissory notes or other documents evidencing money owed to you or your spouse at any time within the last 24 months.
7. Any and all leases, in your name individually or jointly with another.
8. Statements for the last 12 months for the following:
   • Checking accounts
   • Savings accounts
   • Money Market Funds
   • CD’s
   • Brokerage accounts
   • Pensions
   • Profit Sharing
   • Retirement Plans
   • Virtual Currency transactions
9. Declaration page, last period statement, 12 months of statements and the certificate for any group insurance for all life insurance policies for you or your spouse
10. Dental and Health insurance cards
11. Corporate, partnership, and trust tax returns for last 3 years
12. Statements for the last 24 months for the following:
    • Credit Card and Charge Accounts
    • Promissory Notes you presently owe on or owed on.
    • Lease agreements in which you presently owe
13. All premarital and/or marital agreements between the parties to this case
14. Any affidavits and declaration of non-paternity or judgments of disestablishment of paternity for any minor or dependent children
15. Any and all documents related to a claim for unequal distribution of marital property, enhancement or appreciation in non-marital property, or non-marital status of an asset or debt.
16. Any court order directing you to pay or receive alimony or child support.

Whew! That’s A Lot Of Stuff!

It is! The purpose of these disclosures is to allow both parties to come to the table with most, if not all of the information they need to reach an agreement. If, for some reason, the parties are unable to reach an agreement, the Judge will utilize the documents each party provides to equitably distribute the marital property between the party’s.

Call our office today for a Mandatory Disclosure Checklist! We’ll make it easy for you.