Video chapters
Quick answer
Both parties to a family-law property matter have ongoing duties of full and frank financial disclosure. Start with specific inconsistencies, request the missing records, use formal disclosure and targeted searches or subpoenas where justified, and seek orders before assets can be dissipated. Suspicion alone is not proof.
What to do
- Map — List known assets, entities, accounts and inconsistencies
- Request — Seek specific missing financial disclosure
- Verify — Use registries, super information, subpoenas and experts
- Protect — Seek urgent orders if property may be moved or spent
Transcript
Compare tax returns, bank records, loan applications, financial statements and known lifestyle. List unexplained transfers, entities, liabilities, income changes and missing accounts. Separate what is known, what is inferred and what document could confirm or disprove each concern.
Parties must disclose relevant financial circumstances, including property, income, liabilities, financial resources and interests held through structures. Request missing records by category and period rather than accusing broadly. Updated disclosure may be required as values or circumstances change.
Company, land and personal-property registers can identify leads. In current court proceedings, a party can request ATO-held superannuation information through the court portal. Subpoenas, notices to produce, account tracing and forensic accounting may be justified where the issue is material and proportionate.
Do not access another person's account, guess passwords or take confidential records unlawfully. Preserve documents already legitimately available. If there is evidence of imminent sale, transfer or dissipation, obtain urgent advice about injunctions, undertakings, caveats or other protective measures appropriate to the asset.
A family lawyer can plan disclosure, identify suitable searches, test entity ownership and seek proportionate court orders. Go To Court can provide free general information and arrange a property-law consultation where a suitable family lawyer is available. The contact details are on your screen.
Sources and further help
Sources checked 3 September 2026.
- Federal Circuit and Family Court of Australia — Property and finances when you cannot agree
- Federal Circuit and Family Court of Australia — Financial Statement kit
- Federal Circuit and Family Court of Australia — Visibility of superannuation for property proceedings
- Attorney-General's Department — Dividing property, finances and superannuation
- Go To Court Lawyers — Urgent legal help
Important
This video provides general information about family law in Australia. It is not legal advice and does not take account of your circumstances. Parenting decisions turn on the child's best interests and safety; property outcomes turn on the evidence and circumstances. Laws and court processes can change. Get advice from a qualified lawyer about your situation.