AustraliaMy ex hid assets before our property settlement. Can the court adjust the division?
Yes, the court can adjust the property division if your ex hid assets before settlement — this is considered dishonest conduct that may lead to a less favourable outcome for them.
What the Law Says
Australian family law requires full and frank disclosure of all financial circumstances before a property settlement. Hiding assets breaches this duty and can significantly affect how the court divides property.
Under the Family Law Act 1975 (Cth), both parties must provide complete, accurate, and up-to-date financial information. This includes disclosing all assets, liabilities, income, and financial resources — whether held in their own name or through third parties, trusts, or companies.
Section 79(4)(d) of the Act explicitly states that the court must consider 'the contribution made by each party to the welfare of the family... including any contribution made in the capacity of homemaker or parent' — but crucially, it also directs the court to consider 'any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account'. Dishonest conduct such as concealing assets falls squarely within this provision.
Further, section 75(2)(o) allows the court to consider 'any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account' when assessing adjustments for future needs — again, concealment of assets is routinely treated as relevant misconduct.
If orders have already been made, section 79A gives the court power to set aside or vary those orders where there has been 'fraud, duress, suppression of evidence, or failure to disclose relevant information'.
Statutory Textthe court shall take into account... any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account
— Family Law Act 1975 (Cth), s. 79(4)(d) — Matters to be taken into account in altering interests in property
Statutory Textany fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account
— Family Law Act 1975 (Cth), s. 75(2)(o) — Matters to be taken into account in determining what order is just and equitable
Statutory Textthe court may make an order setting aside... an order... on the ground of fraud, duress, suppression of evidence, or failure to disclose relevant information
— Family Law Act 1975 (Cth), s. 79A(1)(a) — Setting aside orders
What to Do
Gather evidence of the hidden assets — bank statements, property records, company documents, or witness statements.
File an application to set aside the existing property order (if already finalised) within 12 months under s. 79A — or seek a new property adjustment if no orders exist.
Request urgent disclosure orders from the court, including subpoenas to banks or third parties.
Notify your lawyer immediately — concealment may also trigger penalties, including cost orders or contempt findings.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.