If you suspect your former partner is hiding money, property or other assets during a separation, there are legal processes available to investigate the financial position. Under Australian family law, parties to a property settlement have duties to provide full and frank financial disclosure. This can include bank accounts, property, investments, superannuation, business and trust interests, liabilities and other relevant financial information.

Since 10 June 2025, the duty of disclosure in financial and property matters has been expressly set out in the Family Law Act 1975. Failing to disclose relevant financial information can have serious consequences, including costs orders and the Court taking the failure into account when determining a property settlement.

Perhaps money has disappeared from an account, business income suddenly looks different, there are transactions you can’t explain, or you suspect there are assets or accounts you haven’t been told about. If something doesn’t add up, it is important to speak to a Family Lawyer and investigate your concerns before agreeing to a property settlement.

Do You Have to Disclose All Assets in a Divorce?

Married and De Facto couples involved in financial or property matters have a duty to provide full and frank disclosure of relevant financial information and documents. The duty requires disclosure to be provided in a timely manner and continues throughout Court proceedings until they are finalised. Importantly, the legislation also provides for disclosure obligations while separated parties are preparing for financial or property proceedings. The purpose of disclosure is straightforward: before a property settlement can properly be determined, both parties need an accurate understanding of the assets, liabilities, financial resources and other relevant financial circumstances.

What Financial Information May Need to Be Disclosed?

What needs to be disclosed will depend on the circumstances of your matter. Relevant financial information may include:

• bank accounts and transaction records;
• real estate;
• mortgages, loans and other liabilities;
• shares and investment portfolios;
• superannuation;
• interests in businesses and companies;
• interests in trusts;
• cryptocurrency and other digital assets;
• vehicles and valuable personal property;
• income and employment entitlements;
• financial resources;
• overseas assets; and
• interests held through companies or other structures.

Disclosure isn’t necessarily limited to assets held solely in your own name. The Family Law Rules expressly contemplate interests in property held through legal entities that a party owns or controls, as well as income earned through those entities.

How Might Assets Be Hidden During a Property Settlement?

There are many ways financial information can become difficult to identify during a separation.

Examples may include:

• transferring money to relatives, friends or related entities;
• failing to disclose bank or investment accounts;
• claiming money transferred to family members was repayment of a debt;
• undervaluing a business or other significant asset;
• delaying income, bonuses or business transactions;
• creating or exaggerating liabilities;
• failing to disclose interests in companies or trusts;
• transferring or concealing cryptocurrency;
• holding assets overseas; or
• disposing of assets shortly before or after separation.

Not every unexplained transaction or financial discrepancy means an asset has been deliberately hidden. However, unusual transactions, complex business or trust structures, family loans and incomplete financial records can warrant closer examination. Careful analysis of the financial information can help identify inconsistencies, trace transactions and establish a clearer picture of the asset pool.

What Are the Signs Your Ex May Be Hiding Assets?

You may become concerned about financial disclosure because something simply doesn’t add up.

Possible warning signs can include:

• unexplained withdrawals or transfers;
• bank accounts you didn’t know existed;
• significant payments to relatives or associates;
• sudden claims that money is owed to family members;
• discrepancies between reported income and lifestyle;
• unusual business transactions;
• missing financial statements or tax records;
• unexplained changes in business income;
• assets that appear to have disappeared around the time of separation; or
• repeated delays or resistance when financial documents are requested.

A warning sign isn’t proof that an asset has been concealed. It may, however, justify further enquiries before you agree to a property settlement.

How Can Hidden Assets Be Found?

If you believe your former partner has not provided a complete picture of their financial circumstances, there are a number of ways the issue may be investigated.

Reviewing Financial Disclosure

Bank statements, tax returns, financial statements, loan documents and transaction histories can reveal discrepancies or transactions requiring further explanation.

Sometimes identifying a hidden or undisclosed asset begins with something relatively small, such as a regular transfer to an unknown account or an entry in a tax return that points to another investment.

Company and Property Searches

Relevant searches may help identify property ownership, company directorships, shareholdings and other interests.

Subpoenas

Where Court proceedings are underway and it is appropriate to do so, a subpoena can require a third party to produce relevant documents. This may include records held by organisations such as banks, accountants or employers.

Forensic Accountants

Forensic accountants can be particularly valuable in complex or high-value property settlements. They may assist with tracing funds, examining business records, analysing transactions and identifying discrepancies between the financial information disclosed and the underlying records.

Independent Valuations

Sometimes the issue isn’t whether an asset has been disclosed, but whether its true value has been identified. Independent expert valuations may be required where parties disagree about the value of a business, company, property or another significant asset.

Tracing Transactions

Where money has moved between bank accounts, businesses, companies, trusts or related parties, it may be necessary to trace those transactions to understand where the funds ultimately went and why.

What Are the Penalties for Hiding Assets in Divorce?

Failing to disclose assets or other relevant financial information can have serious consequences. The Family Law Act 1975 recognises a range of powers available to the Court where a person fails to comply with their disclosure obligations. Depending on the circumstances, the Court may:

• order further or full disclosure of financial information;
• take the failure to disclose into account when determining a property settlement;
• make costs orders, which may require the non-disclosing party to pay some or all of the other party’s legal costs;
• impose sanctions where a Court order has been contravened;
• stay or dismiss all or part of proceedings; or
• in serious circumstances, deal with non-compliance as contempt of Court.

Why Hiding Assets Rarely Pays Off

Trying to hide money or property may seem like a way to protect it from a property settlement, but it can have the opposite effect. If non-disclosure is discovered, it can result in:

• a longer and more expensive legal process, as additional disclosure, subpoenas, searches or expert investigations may be required;
• costs consequences, particularly where the other party has incurred additional legal costs trying to obtain information that should have been disclosed;
• damage to the person’s credibility, which may be relevant when the Court is required to assess competing evidence or explanations;
• further Court orders or sanctions for failing to comply with disclosure obligations; and
• a settlement being challenged later, where significant non-disclosure is discovered after orders have been made.

The duty of disclosure is ongoing. Providing timely, full and frank financial disclosure can help the parties properly identify the asset pool and work towards resolving their property settlement without unnecessary disputes about missing financial information.

What if Hidden Assets Are Discovered After a Property Settlement?

Discovering an undisclosed asset after your property settlement has been finalised can be particularly concerning. Whether anything can be done will depend on factors including how the settlement was formalised, the nature and significance of the non-disclosure, and the circumstances in which the agreement or orders were made.

In some circumstances, there may be grounds to ask the Court to set aside existing property orders. Different considerations can apply where the parties entered into a Binding Financial Agreement.

Discovering an undisclosed asset doesn’t automatically mean an existing settlement will be reopened. If you discover significant financial information after settlement, however, it is worth obtaining legal advice about whether you have any options available.

What Should I Do if I Think My Ex Is Hiding Assets?

If you have concerns about your former partner’s financial disclosure, it’s important to seek advice from a Family Lawyer to ensure you understand your rights;

Some practical steps include:

1. Keep copies of financial records you lawfully have access to. Bank statements, tax records, loan documents and other financial information may help establish the financial history.
2. Identify what doesn’t add up. Make a note of unexplained accounts, transactions, assets or changes in income that concern you.
3. Don’t access information you’re not legally entitled to access. Concerns about hidden assets don’t give you an automatic right to access your former partner’s private email, accounts or devices.
4. Raise your concerns with your family lawyer. Your lawyer can help determine whether the discrepancy warrants further investigation and what information should be requested.
5. Seek further disclosure where appropriate. Depending on the matter, this may involve requesting additional documents, undertaking searches or using formal Court processes, your Family Lawyer can assist with this process.
6. Understand the asset pool before settling. Once you have agreed to a property settlement, dealing with subsequently discovered assets can become significantly more complicated.

Worried That Assets Are Being Hidden?

Property settlements can already involve considerable financial uncertainty. Suspecting that you don’t have the complete financial picture can make it even more difficult to know whether a proposed settlement is fair. Our family lawyers can help you understand the financial disclosure, identify areas that may require further investigation and advise you about the options available to obtain the information you need.

If you’re concerned that your former partner may be hiding assets or failing to provide full financial disclosure, speak with our team before agreeing to a property settlement. We have represented many parties where disclosure has presented challenges. The Orman Solicitors team will leave no stone unturned in order to uncover the truth. We will advocate for your rights and ensure you receive a fair outcome.

Read next: What are my rights during a separation?

Originally published: September 2025

Reviewed and updated: September 2026