Hidden assets must be discovered to ensure fair settlements.

Updated 28 October 2026

CM Law’s Ultimate 50 Things You Need to Know About Property Settlement During Divorce #50. What if there are hidden or undisclosed assets?

What should I do about hidden or undisclosed assets?

Identify what appears to be missing, preserve records you can lawfully access and ask a family lawyer to arrange targeted disclosure. Compare explanations with independent documents before agreeing to a settlement. Where necessary, court procedures and expert analysis can help establish ownership, value and transactions, but suspicion alone does not prove concealment.

Begin with a clear chronology rather than a list of accusations. Record the asset or transaction, the document suggesting it exists and the information still needed. This helps your lawyer decide which enquiries are likely to be useful.

The aim is an accurate financial picture on which to negotiate or seek orders.

What financial information must separating parties provide?

Full and frank financial disclosure covers relevant assets, liabilities, income and financial resources, including indirect interests. Since 10 June 2025, sections 71B and 90RI of the Family Law Act expressly impose this duty in relevant proceedings and while separated parties prepare for them. Disclosure must be timely and updated as necessary.

Property in one person’s name, an overseas investment or an interest held through a company or trust cannot be excluded from disclosure simply because ownership or treatment is disputed.

Relevant disposals during the year before separation and since final separation may also require disclosure. Supporting records matter: a completed Financial Statement alone may not provide everything required.

Which records can help explain a suspected disclosure gap?

Match each concern to documents capable of explaining it. Bank records, ownership searches and business documents can be compared with the disclosed financial position. The table below gives practical starting points for discussion with your lawyer. The appropriate scope depends on relevance, access rights and the circumstances of the particular case.

Keep the original documents and note their source. A transfer may be an ordinary business payment, repayment or movement between disclosed accounts. Seek an explanation before treating it as a hidden asset.

How can I obtain information without accessing private accounts?

Start with relevant documents already lawfully available to you and a written request identifying missing information. If voluntary disclosure is inadequate, a lawyer can advise on disclosure orders or subpoenas within court proceedings. Do not use another person’s passwords, impersonate them or bypass account security to obtain evidence.

A subpoena can require a relevant third party to produce records, subject to the applicable permission, service and objection rules. It is not an unrestricted entitlement to inspect someone’s entire financial history.

Documents obtained through court processes have limits on their use. Your lawyer should also address any safety concerns where financial control or coercion makes direct requests inappropriate.

When is a forensic accountant useful?

A forensic accountant may help where tracing transactions, analysing business records or reconciling inconsistent accounts requires specialist expertise. Appointment should follow a defined question and a realistic budget. Not every unexplained withdrawal warrants an expert investigation, and engaging an accountant does not guarantee that undisclosed property will be found.

Useful questions include whether payments reconcile with the accounts, whether money remains held elsewhere, and whether disclosed business figures accurately reflect the available records.

Agree on the documents, timeframe, fees and purpose of the report. Your lawyer can advise whether a jointly instructed expert is appropriate and how any expert evidence can be used. Distinguish tracing an asset from valuing it; the tasks may require different expertise.

How do I check superannuation that has not been disclosed?

In current financial or property proceedings, a party or their lawyer can ask the Court for the other party’s superannuation information held by the ATO. This can help identify interests that have not appeared in disclosure. The information may not show current balances, so further enquiries with the relevant funds remain necessary.

Use the Court’s approved request process. Obtain the information needed to value an interest properly, particularly for defined-benefit interests or other arrangements needing specialist treatment.

Identifying superannuation does not convert it into immediately available cash. Any splitting proposal must address the applicable rules and fund requirements.

Can assets be protected while disclosure is investigated?

If evidence indicates that property may be transferred, sold or dissipated, obtain urgent advice about preservation orders. A court may restrain dealings or make a freezing order where the legal requirements are met. The application must explain the actual risk and the protection sought; an allegation alone is insufficient.

Provide transaction dates, sale information, threatened withdrawals and relevant communications. Your lawyer can assess whether urgent proceedings are justified and whether the other party must receive notice.

In NSW, family-law property disputes are generally heard in the Federal Circuit and Family Court of Australia. Do not assume that filing an ordinary NSW Supreme Court claim is the appropriate starting point.

What can undisclosed overseas property mean in a real case?

Overseas ownership can matter even when an Australian home appears to be the main shared asset. The published summary of Tasnim and Rashad records undisclosed foreign properties and uncertainty about one party’s finances. The resulting security-for-costs order illustrates a procedural protection, rather than a final decision dividing the couple’s property.

In Tasnim & Rashad (No 2) [2026] FedCFamC2F 506, the published judgment records that the wife lived in Australia, the husband lived overseas and they jointly owned a Melbourne property. The husband also held title to two overseas properties that had not been disclosed.

The Court ordered $40,000 as security for costs and reserved the costs of that application. Security protects against the risk of an unpaid future costs order; it is not a fine or an additional property-settlement award.

The practical lesson is to investigate relevant overseas interests and obtain advice about the particular protection needed.

What happens after an undisclosed asset is identified?

The next step is to establish the asset’s ownership, value and relevance, then update disclosure and the proposed settlement. An omitted asset does not automatically give the other party a fixed additional percentage. Depending on the circumstances, non-disclosure can support further orders, adverse findings or costs consequences, and sometimes a challenge to existing orders.

Reopening property orders requires a statutory ground. Sections 79A and 90SN include miscarriage of justice arising from suppression of evidence or failure to disclose relevant information.

Binding financial agreements follow different rules. The proceedings-based disclosure duty does not apply identically to every agreement negotiation, but fraud including material non-disclosure can support setting aside an agreement under sections 90K or 90UM.

Our guide to the consequences of hiding assets explains these distinctions in more detail.

What should I check before finalising a settlement?

Before finalising, have a lawyer review whether the available records adequately explain the financial position and whether outstanding issues could materially affect the outcome. Check values, liabilities and proposed terms together. Decide whether further investigation is proportionate before signing, rather than assuming an unresolved concern can easily be corrected later.

• Reconcile the asset list with supporting records and identify unresolved discrepancies.
• Obtain appropriate valuations and confirm the basis of significant debts.
• Check the cost and likely benefit of any remaining investigation.
• Confirm applicable filing deadlines and the correct form of settlement.

Initial property applications generally have limits of twelve months after divorce takes effect or two years after de facto separation. Applications solely to reopen existing property orders are treated differently; obtain advice promptly.

CM Lawyers assists with property settlements. Contact our team with the documents and your specific concerns.

General information about Australian family law for NSW readers. Always obtain legal advice on your circumstances before signing a settlement or taking court action.

About the author

Christine Manolakos is a solicitor at CM Lawyers with over 30 years of experience in conveyancing, family law, wills and estates, and criminal law.

Key resources

• FCFCOA duty of disclosure — obligations and consequences of incomplete disclosure.

• Legal Aid NSW financial disclosure guide — document checklist and sample disclosure request.

• Family Law Act and Family Law Rules — disclosure duties, procedures and grounds to challenge settlements.

• FCFCOA subpoena guidance — obtaining relevant third-party documents through the Court.

• Expert witnesses in family law — expert reports and appointments.

• Superannuation visibility — requesting ATO-held information in current property proceedings.

• Urgent financial applications — evidence required to seek urgent protection.

• Tasnim & Rashad (No 2) [2026] FedCFamC2F 506 — undisclosed overseas property and security for costs.