What If Your Ex Hides Money, Crypto, a Business or Other Assets?

What does financial disclosure mean?

The Family Law Act 1975 imposes duties of full and frank disclosure in financial or property proceedings. The duty applies to relevant information and documents and is ongoing. The Federal Circuit and Family Court of Australia explains that disclosure extends to a party’s total direct and indirect financial circumstances.

Depending on the facts, relevant documents may concern bank accounts, income, taxation, superannuation, shares, companies, trusts, real property, liabilities and disposals of property. The Court’s current Financial Statement also asks a party to list property owned, or in which the party has an interest, in Australia or overseas.

What about cryptocurrency and digital investments?

Cryptocurrency is not outside the disclosure process merely because it may not appear in an ordinary bank account. Relevant holdings may be connected with an exchange, wallet, trading platform or transactions passing through a bank account.

The proper inquiry is what interest exists, who owns or controls it, what evidence is available and what value should be attributed to it. A matter involving digital assets may require carefully targeted disclosure and, in an appropriate case, specialist evidence.

What if a business is said to be worth nothing?

A statement that a business has little or no value does not necessarily answer the relevant questions. It may be necessary to examine the structure, ownership, control, financial statements, tax records, assets, liabilities, income and drawings. The appropriate valuation method depends on the business and the issues in dispute.

The financial position of a company or trust should not automatically be treated as identical to the personal property of an individual. However, a party’s interests, control, income and financial resources may still be relevant and require disclosure.

What if the asset is in Sri Lanka?

A Sri Lankan house, landholding, bank account, business, inheritance or other financial interest should not be assumed to fall outside the Australian process. The issue may require Sri Lankan deeds, succession documents, company records, bank material, valuations or evidence about an arrangement involving relatives.

There is also an important distinction between disclosure and final treatment. For example, the fact that property was acquired before the relationship, inherited from a parent or occupied by relatives may be significant. It does not necessarily justify omitting the interest from disclosure.

Read our detailed service guide: Property Settlement in Australia Involving Sri Lankan Assets.

For a focused explanation about overseas land and other interests, see Do I Have to Disclose Property I Own in Sri Lanka in an Australian Property Settlement?

What should you do if you believe something is missing?

Do not make serious allegations without a proper basis. Equally, do not disregard genuine inconsistencies. Preserve documents and information already lawfully in your possession. Make a factual list of the particular assets or interests you believe exist, the reason for that belief and the information that appears to be missing.

Do not unlawfully access another person’s accounts, devices or private communications. Obtain advice about appropriate requests for disclosure and the procedural options available in your circumstances.

Why non-disclosure can be serious

The legislation identifies consequences that may follow a failure to comply with the duty of disclosure. Depending on the circumstances, the Court may take non-compliance into account, make orders to address disclosure, impose costs or other sanctions, or deal with the matter in other ways permitted by law.

Section 79A of the Family Law Act 1975 also permits the Court, in specified circumstances, to vary or set aside a property order where a miscarriage of justice has arisen through matters including fraud, suppression of evidence or failure to disclose relevant information.

How property settlements are determined

The existence of an undisclosed or disputed asset is part of a broader property-settlement process. Under the statutory framework in force from 10 June 2025, the Court considers whether it is just and equitable to make an order, identifies property and liabilities, assesses contributions, considers relevant current and future circumstances, and makes only orders that are just and equitable.

There is no automatic 50/50 rule. Read Is Property Always Split 50/50 After Separation in Australia?

Authoritative sources

• Family Law Act 1975 (Cth), including ss 71B, 79, 79AA, 79A, 90RI, 90SM and 90SMA, as applicable.
• Federal Circuit and Family Court of Australia (Family Law) Rules 2021, including Part 6.1 and Schedule 1.
• Federal Circuit and Family Court of Australia — Duty of disclosure.
• Attorney-General’s Department — Family law property changes from 10 June 2025.