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Can I Access My Ex-Partner’s Financial Records in a Property Dispute?
When separating or divorcing, dividing property and finances can be one of the most complex and emotional parts of the process. A common concern is whether each person is being honest about their financial situation. So, can you access your ex-partner’s financial records during a property settlement? In short: yes, you can and they must provide them.

What Is Financial Disclosure?

Financial disclosure is the legal obligation for both parties to provide full and frank disclosure of all their financial circumstances during a property settlement.

This includes:
  • Income and employment details
  • Bank accounts
  • Superannuation
  • Real estate holdings
  • Businesses, shares, and trusts
  • Liabilities such as loans and credit cards
  • Any other financial resources (e.g. inheritances, cryptocurrency, bonuses)

You’ll also need to provide your own records, disclosure is mutual.

Why Is Disclosure So Important?

The Family Law Act 1975 requires both parties to disclose their financial positions so that the division of property can be fair and equitable. Without transparency, it's impossible for the court (or parties in negotiation) to make informed decisions. Failing to disclose, or attempting to hide assets, can seriously backfire.

Can I Request My Ex’s Financial Documents?

If your matter is in court or part of a formal negotiation process, you can:
  • Request documents from the other party
  • Issue subpoenas (in court proceedings) to banks, employers, accountants, or others
  • Conduct investigations through your lawyer or financial expert if you suspect assets are being hidden

If your ex refuses to provide financial documents, the court can make orders compelling disclosure.

What Happens If My Ex Is Hiding Assets?

Unfortunately, attempts to hide or undervalue assets do happen.

Some red flags include:
  • Sudden transfers of money or property
  • Unusual debts or loans to friends or family
  • Undisclosed income sources
  • Cryptocurrencies or offshore accounts

The Family Court takes non-disclosure seriously.

If it's found that a party has hidden assets, the court can:
  • Penalise that party with a less favourable outcome
  • Reopen and overturn property settlements, even after they’ve been finalised
  • Make cost orders against the dishonest party

How to Protect Yourself

Act early
Begin gathering your own records as soon as possible

Seek legal advice
A family lawyer can help you understand what you’re entitled to see and what to do if your ex won’t comply

Keep good records
Emails, bank statements, and even screenshots can sometimes become key evidence

Consider subpoenas
If necessary, the court can order third parties to provide documents

Final Thoughts

Full financial disclosure is a legal obligation, not a choice. If you're going through a property dispute, you have the right to know your ex-partner’s true financial position and vice versa. If you're concerned about honesty or missing assets, professional advice can help protect your interests and ensure a fair outcome.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
Tags:
Property
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