Divorce is not just an emotional transition. It is also a financial one. One of the most important parts of the process is financial disclosure. Courts require both parties to share a clear, accurate, and complete picture of their finances to ensure fair outcomes. In Canada, the case of Cunningham v. Seveny raised the bar for what this means. The decision set out what is now referred to as Cunningham disclosure, a higher standard that requires ongoing, full, and frank transparency.

At first glance, this may sound daunting. But with the right tools, meeting this obligation does not have to be complicated.

What Is Cunningham Disclosure

Cunningham disclosure goes beyond the traditional expectation of handing over tax returns, bank statements, or pay stubs. It emphasizes a proactive duty. Parties must fully disclose all relevant financial information, keep it current, and avoid withholding anything that could affect the settlement.

In plain terms, Cunningham disclosure requires:
• Full disclosure: everything relevant, not just the basics
• Frank disclosure: no hiding, minimizing, or selective sharing
• Ongoing disclosure: updates as circumstances change

This standard recognizes that fairness in divorce settlements depends on openness. Without it, agreements may be challenged or overturned.

Why Cunningham Disclosure Matters

The courts take non disclosure seriously. Failure to meet the Cunningham standard can lead to:
• Cost penalties against the non disclosing spouse
• Agreements being set aside
• Lengthier and more expensive legal proceedings

For lawyers, it means advising clients carefully to avoid risk. For clients, it means facing the reality that every asset, liability, and income source must be shared.

The Practical Challenges

Despite its importance, disclosure is often one of the most stressful parts of divorce. Many clients ask: “What is enough? How much detail do I really need to provide?”

Common challenges include:
• Managing large volumes of documents
• Keeping track of deadlines and updates
• Organizing information so it makes sense to lawyers and opposing counsel
• Avoiding duplication or omission

The result is that disclosure becomes overwhelming, time consuming, and costly for both lawyers and clients.

How Technology Helps Meet Cunningham Standards

This is where technology comes in. Platforms like DISCLOEZY are built to simplify compliance with disclosure obligations, including Cunningham disclosure.

Here is how:

• Centralized requests
Lawyers can request documents in one place, eliminating back and forth emails.

• Organized uploads
Clients upload directly into secure folders, ensuring documents are not lost or misplaced.

• Automatic timeline
A built in timeline shows when documents were received, proving that updates are current.

• Court forms access
Lawyers and clients can access court forms directly, reducing the risk of using outdated templates or missing required forms.

• Batch printing and sharing
Disclosure packages can be prepared in one click, ready to send to opposing counsel.

• Transparency and accountability
Digital records provide an audit trail that aligns with Cunningham’s expectation of full, frank, and ongoing disclosure.

Why This Matters for Lawyers and Clients

For lawyers, the benefits are clear. Less administrative burden, fewer missed documents, and stronger compliance. It also means protecting clients from the risk of non disclosure consequences.

For clients, technology provides clarity, reduces stress, and ensures they are meeting their legal obligations without unnecessary confusion. Instead of scrambling to gather and resend documents, they know everything is in order and up to date.

Conclusion

Cunningham disclosure raised the standard for financial transparency in divorce. While this may feel overwhelming, technology has made compliance far more manageable. With DISCLOEZY, lawyers and clients can meet these obligations with confidence, efficiency, and peace of mind.

Ready to simplify disclosure?
Start your free trial with DISCLOEZY today and see how easy meeting your obligations can be.