If you believe your ex is hiding money or assets, the law is firmly on your side. Both parties to a property settlement have a legal duty of full and frank financial disclosure, and since 10 June 2025 that duty is written directly into the Family Law Act itself. Concealing assets to gain an advantage in settlement negotiations is now also expressly recognised in the Act as a form of financial abuse.
The signs we see most often
Unexplained withdrawals or transfers to family members in the lead-up to separation. A business suddenly earning less on paper. Cryptocurrency or overseas accounts that never come up. Undisclosed bonuses, long service entitlements or trusts. A lifestyle that does not match the income being declared. None of these prove concealment on their own, but they justify digging deeper.
The tools for finding hidden assets
Lawyers have compulsory processes that individuals do not. Each party must exchange financial documents, and a party who will not cooperate can be compelled: subpoenas to banks, employers, super funds and accountants; notices requiring specific disclosure; and, in business matters, jointly appointed forensic accountants and valuers. Courts take a dim view of parties who hide assets. Settlements and orders obtained without proper disclosure can be set aside, and the court can draw adverse inferences, effectively assuming the hidden money exists and adjusting the split against the concealing party.
Financial control can also be a crime
Where hiding money is part of a broader pattern of controlling behaviour toward a partner, it may amount to coercive control, which has been a criminal offence in NSW since 1 July 2024, carrying up to seven years imprisonment. In the family law property context, the effect of that abuse on your ability to contribute and on your future needs is now directly relevant to how the pool is divided.
What you should do now
Do not confront your ex or announce your suspicions; it only gives them time to bury things deeper. Quietly gather what you can lawfully access: old tax returns, bank statements, loan applications (people tend to overstate assets to banks and understate them to former partners), business records and super statements. Note names of accountants and entities. Then get advice early, because time limits apply and evidence gets harder to find with every year.
Frequently asked questions
What happens if hidden assets are found after we settled?
Orders and agreements obtained without full disclosure can be set aside and the settlement reopened. There are cases where this has happened years later.
Can I go through my ex’s mail or log into their accounts to find proof?
No. Accessing accounts without authority can breach the law and damage your case. Tell your lawyer what you suspect and let the compulsory processes do the work lawfully.
Is it expensive to chase hidden assets?
It scales with the complexity. A consultation will give you a realistic view of whether the likely recovery justifies the cost of investigation, which is exactly the strategic call we help clients make.
Suspect the numbers do not add up?
Garrison Lawyers specialises in complex and high-value property matters, including those involving financial abuse and concealed assets. A 90-minute consultation maps what you know, what is missing and how to find it. Use the enquiry form just below, or call (02) 4210 9288. Garrison Lawyers acts for clients across Wollongong, Shellharbour, Kiama, the Illawarra and the Shoalhaven.
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This article is general information only, current at the date of publication. It is not legal advice and does not take your circumstances into account. For advice about your situation, speak with a family lawyer.