Key Takeaways:

• If you suspect your ex is hiding assets during divorce, it’s important to act quickly to protect your financial interests.
• Both people have a legal duty to make full and honest disclosure of all assets, income, and debts.
• Warning signs may include unexplained withdrawals, property transfers, or missing financial records.
• You can take immediate steps such as gathering documents, monitoring accounts, and seeking legal advice.
• The Court can issue injunctions to prevent assets being sold, hidden, or moved before settlement.
• A family lawyer can help uncover hidden assets and ensure you receive a fair property settlement.

When a relationship ends, one of the biggest worries is whether their ex might be hiding assets or moving money before the property settlement is finalised. Concealing or transferring assets during divorce can seriously affect what each person receives. Understanding how to identify and stop this behaviour early is essential to protecting your financial future and ensuring a fair division of property.

 

1. Why Hiding Assets During Divorce is a Serious Issue

During a divorce, both you and your ex have a duty to make full and honest disclosure of your financial circumstances — including assets, liabilities, and income. However, some people try to avoid this by hiding assets or manipulating the asset pool to reduce what their former partner may receive.

They do this by:

• Selling assets to friends, family, or other people,,
• Transferring property into someone else's name,
• Withdrawing money from joint accounts, or
• Taking on unnecessary debts to reduce the asset pool.

When someone hides or moves assets, it can significantly affect the fairness of the property settlement. Acting quickly is crucial - the sooner you identify and address suspicious financial activity, the better your chances of protecting what’s rightfully yours. 

 

2. What to Do if You Suspect Hidden Assets 

If you think your ex might be hiding assets, there are a few practical steps you can take straight away before turning to court. Acting early can make it much easier to trace missing money or property and prevent further losses.

1. Secure important documents: Gather anything that helps show your financial picture - bank statements, property titles, superannuation details, tax returns, and business records. These can be crucial evidence if you need to later prove these assets were hidden.
2. Monitor joint accounts: Check your bank statements and transaction history regularly. If you notice unusual withdrawals or transfers, speak to your banks about options to stop one person withdrawing funds from joint accounts without the other person’s consent. In addition to this, you can also speak to a lawyer for advice on whether it’s appropriate to move funds to protect them from being withdrawn without your consent. 
3. Put things in writing: Ask your ex - in writing - to not sell, transfer, or dispose of any assets until your property settlement is finalised. Having a written record further shows you’ve made a reasonable request to preserve assets.
4. Get legal advice early: A family lawyer can help you understand your rights, assess whether urgent legal action is required, and apply for legal order to stop further concealment or disposal of assets. 

 

3. Legal Options to Stop Hidden Assets Being Moved or Sold 

If you believe your ex is hiding assets or trying to move property out of reach, there are legal steps to stop this from happening. The Federal Circuit and Family Court of Australia (FCFCOA) can issue orders to protect assets and prevent further concealment or loss.

Injunctions under the Family Law Act 1975

Under the Family Law Act, the FCFCOA can issue what’s called an injunction - a legal order that restrains someone from:

1. Selling, transferring, or otherwise dealing with property, or
2. Reducing the value of the asset pool.

An injunction can apply to almost any type of property - whether owned together or solely by one person, or even to property held by a company or trust they control.

In urgent cases, the Court can make a temporary (interim) injunction — sometimes without notifying the other person first (called an ex parte order) — if there’s a genuine risk that assets will be hidden or disposed of before the hearing.

The Court can also limit the amount of money a person can spend, without having to first notify you. 

It’s important to act quickly if you think your ex is hiding or moving assets. Once property is sold or funds are transferred, it may be impossible to have their value added back to the asset pool. Early legal advice can help you act before it’s too late. 

 

4. Consequences of Hiding or Moving Assets (If You Have an Injunction)

Breaching a court order to not hide or dispose of assets in a divorce is a serious matter. If your ex ignores injunction or conceals property, the Court can step in with significant penalties.

Possible consequences include:

1. Contempt of court proceedings,
2. Financial penalties, or
3. In extreme cases, imprisonment.

Beyond these penalties, the Court also has the power to adjust the property settlement to account for any hidden or disposed assets. In other words, if one person tries to hide money or move property out of reach, the Court can compensate the other by awarding them a larger share of what remains. 

Remember: trying to conceal rarely succeeds, and can seriously damage a person’s credibility before the court. 

 

5. Seeking Professional Support 

If you suspect your ex is hiding assets, getting the right professional help early can make all the difference. Protecting your financial interests during divorce often requires fast, strategic action, and sound legal advice. 

A family lawyer can:

1. Assess the risk of hidden or moved assets,
2. Apply urgently for injunctions if necessary,
3. Liaise with financial institutions and property registries, and
4. Ensure your financial interests are preserved throughout the entire process.

Trying to manage this situation alone can be overwhelming. Having an experienced lawyer on your side means you’ll have someone who knows the system, understands how to uncover hidden assets, and can act quickly to safeguard what’s rightfully yours.

 

Conclusion

Discovering that your ex may be hiding assets can be stressful and overwhelming, especially when you’re already dealing with the emotional side of separation. The good news is that you have options. Australian family law requires both people to be open and honest about their finances, and there are clear legal steps to uncover hidden assets and prevent them from being sold or moved.

Acting early is key. The sooner you seek legal advice, the more effectively you can protect your financial position. A family lawyer can help you trace and preserve assets, apply for urgent injunctions, and ensure your property settlement reflects the true value of everything you’ve worked for.

Taking informed, decisive action now can make all the difference - safeguarding your future and giving you peace of mind.

 

Learn More with Our Property Settlement Guide

If you’ve recently separated - whether from a marriage or de facto relationship - understanding how to finalise your financial relationship is an important next step.

Our Property Settlement Guide explains the full process - from disclosure obligations and asset division to formalising your settlement - and answers many of the questions separating couples often have.

Created by the specialist family law team at Best Wilson Buckley Family Law, the guide helps you move forward with clarity, confidence, and a clear understanding of your rights.

Access the Property Settlement Guide here.