How to Complete a Form 13 Financial Statement

When a Form 13 Must Be Filed

In ordinary federal financial or property proceedings, rule 6.06(4) requires a Financial Statement when a party to the relationship starts proceedings or files a response or reply. An Application for Consent Orders is excluded from that rule. The Family Law Rules also require a Financial Questionnaire unless an affidavit is required.

An Initiating Application (Family Law) starts the case and identifies the orders sought. A party seeking property or maintenance orders files the Financial Statement with that application so the court has their financial position. A response sets out the respondent’s position and requested orders.

The Financial Statement contains an affidavit sworn or affirmed before an authorised witness. This explains why clients sometimes call it their financial affidavit. A separate supporting affidavit can also be required.

Under rule 6.06(5), file further particulars by affidavit if the statement does not fully discharge disclosure. Rule 6.06(6) requires a new statement within 21 days of a significant change in financial circumstances. An affidavit can record the changes if they fit clearly within 300 words. Keep the filing task separate from the wider financial disclosure obligations.

Western Australia Uses Its Own Form

For a Family Court of Western Australia matter, use the court’s Financial Statement (Form 13). Its form cites rule 200 and its affidavit cites rule 199. The federal form cites rule 6.06 and has different court and witness fields.

Under the WA Family Court Rules, rule 200 requires a statement with the commencement, response or reply in a financial case, except consent orders. Rule 201 requires an update within 21 days of a significant change. It permits an affidavit where the amendments fit clearly within 300 words.

WA’s property application instructions require an accompanying affidavit and filing through the eCourts Portal. Eligible Priority Property Pools under $500,000 cases use the simplified Form 13PPP. The federal questionnaire filing rule does not govern WA filings.

Completing Income and Expenditure

Calculate income and expenditure on a weekly basis, with a worksheet showing the period and records behind each amount. The federal Financial Statement Kit asks for present financial circumstances. A past average needs an explanation when the client’s employment or household has changed.

1. Collect twelve months of statements across the accounts used for personal receipts and spending. Add payslips and tax records for gross income. Obtain business records for self-employed clients.
2. Categorise transactions and identify transfers between the client’s own accounts. Separate loans and refunds from income. Separate business spending from personal expenditure.
3. Calculate each weekly figure from its source period. Annual amounts divided by 52 give weekly amounts. Multiply monthly amounts by 12, then divide by 52.
4. Record the current position where it differs from the historical average. Explain the change in the working papers and any required additional information.

Average Irregular Income Without Treating Every Deposit as Earnings

Part D records average weekly income. Salary and investment income are before tax, so bank credits alone do not establish those figures. Compare gross pay with payslips and reconcile the net amount to deposits. Include overtime over a representative period, with a separate explanation if it has stopped.

Consider this hypothetical employee. Over twelve months, gross base pay is $78,000 and gross overtime is $10,400. Total gross pay of $88,400 divided by 52 gives $1,700 a week. The payroll deductions explain why the bank receives less. These Australian-dollar figures illustrate the calculation, not a client matter.

For a self-employed client, reconcile drawings to the business accounts. Drawings can include earlier profits or borrowed money. They are not automatically the business’s current income. Show the relevant business income separately from how cash reaches the client.

In a hypothetical business, $39,000 of drawings over twelve months averages $750 a week. If the accountant’s records establish a different income figure, explain the difference before completing Part D. Retain the drawings schedule as evidence of cash received, without substituting it for the income analysis.

Derive Personal Expenditure From Transactions

Part G records weekly personal expenditure. Identify other household income earners in Part E and expenses others pay for the client in Part F. Use Part H for personal expenses the client pays for other people.

Use a category total across twelve complete months, then divide by 52. In a hypothetical spending schedule, $13,520 of groceries gives $260 a week and $2,600 of electricity gives $50. Keep annual insurance and other irregular bills in the annual total so a quiet month does not understate expenditure.

Avoid counting a credit card purchase and the later card repayment as two purchases. Map spending categories to the form’s fields, including its separate minimum credit card payment field. Keep a record of how repayments and underlying spending enter the total.

The form asks for whole dollars. Mark an estimate with E and use NIL where the amount is nil. Explain a cash spending estimate from withdrawals and the client’s account of their use. A withdrawal alone does not prove groceries or another specific expense.

Assets, Liabilities and Financial Resources

List the client’s current interests and liabilities, then show the evidence and ownership share behind each amount. The official federal form separates these figures into Parts I to L. Both courts’ standard statements follow the Parts A to O structure.

For property-only proceedings, Part N is not required. Its expense detail supports applications that need it. Complete Part B last so its totals match the relevant item totals elsewhere in the form.

Use a balance at the filing point, with a source statement or dated transaction record proving it. If the latest periodic statement ends earlier, reconcile subsequent activity to the balance used. Record the evidence date in the working papers.

For a hypothetical account, a $12,000 closing balance followed by a $2,000 deposit and $500 withdrawal gives $13,500. The opening statement and subsequent transactions together support that figure. A previous month’s closing balance alone supports only the previous month’s position.

For mortgages and other loans, use the outstanding debt, not the approved facility limit or the weekly repayment. Record all borrowers and the client’s share. Keep the whole debt visible in the working papers so joint liability is not lost.

For jointly held property, identify the other owners and the client’s interest. Avoid treating access to a joint account as proof that the client owns its entire balance. For superannuation, obtain fund information appropriate to the interest and retain the valuation basis.

Identify company and trust interests by the actual rights and control involved. Reconcile the personal interest with the entity’s records so the company’s bank account is not automatically entered as the client’s personal cash. Explain an uncertain valuation or financial resource in Part O or the required supporting affidavit.

Reconciling the Statement Before Swearing

Reconcile the draft against the records before the client signs, using a schedule that connects each declared figure to its supporting documents. A correct summary total can still contain misclassified receipts or duplicated spending.

1. Match declared gross salary to payroll records and net deposits. Explain differences caused by tax or other deductions. Investigate deposits omitted from the income calculation.
2. Match declared expenditure to categorised debits over the stated period. Remove internal transfers and duplicated card movements. Explain changes between historical spending and current expenses.
3. Match each account balance and debt to a closing statement or reconciled current record. Check ownership shares and the valuation basis.
4. Recalculate section totals and the Part B summary. Confirm the additional information explains every remaining difference, then arrange the authorised witness for the completed statement.

If the draft declares $600 weekly spending but the twelve-month schedule shows $46,800, the historical average is $900. Investigate the $300 difference before swearing. It could involve spending for others or a changed household. An unexplained gap leaves the client unable to explain how the figure was calculated.

The other side can compare the declared figure with debits and ask what each difference means. Prepare the explanation with the source records, including cash withdrawals and payments made for other people. Use the bank statement collection guide where an account or period is missing.

FinTrace saves hours of this statement review by converting supplied PDFs into a searchable, categorised ledger and a readable findings report. The service brings transactions across accounts together and gives direct source filename and page references for its findings. Lawyers and forensic accountants can use the ledger to prepare their income and expenditure schedules.

In one recent matter, roughly 50 hours of estimated manual lawyer review became about 10 hours of delivery. For the presentation of supporting analysis, use the family court affidavit guide.

Financial Questionnaire or Form 13

In ordinary federal financial proceedings, the Financial Questionnaire is an additional document unless an affidavit is required. It does not replace the Financial Statement. The court’s questionnaire instructions place it with the Initiating Application or Response seeking financial or property orders.

The Financial Questionnaire asks about contributions and the adjustment claimed for current and future circumstances. It carries a signed statement of truth. The sworn Financial Statement records the financial position and weekly figures.

The federal court also has a separate Priority Property Pools process. Its prescribed filing package includes a financial summary, so do not infer that a WA Form 13PPP applies there. Follow the federal application instructions for the required application package.

For an ordinary federal file, a client told to complete the financial questionnaire still needs the Financial Statement. Before filing, confirm the two documents use consistent financial facts and that any required affidavit is included. The income worksheet must explain the gross-to-net difference and the expenditure worksheet must explain every adjustment to bank outgoings.