What Happens If My Ex Won’t Disclose Their Finances in Family Court?

Separating from a partner is stressful — but that stress can quickly turn into frustration when your ex refuses to provide financial disclosure. Whether it’s withholding bank statements or failing to disclose assets, non-disclosure can delay or derail your property settlement.

At AviorLaw, we regularly assist clients in situations where one party is trying to move forward fairly, and the other is hiding behind incomplete or missing financial records. Here’s what you need to know — and how we can help.

What Is Financial Disclosure?

Financial disclosure means each party in a family law matter must provide full and frank information about their financial circumstances.

This includes:

• Income and payslips

• Bank and credit card statements (joint and personal)

• Tax returns and ATO assessments (usually the last 3 years)

• Superannuation balances

• Property ownership details

• Business and trust financials (if relevant)

• Details of any asset sales, gifts, or transfers before or after separation

  
  

You are also required to update this information if your situation changes — for example, if you get a pay rise, change jobs, or acquire new property

⚖️ Do I Have to Provide Financial Disclosure?

Yes. Both you and your former partner are under a legal obligation to disclose your financial situation, even before formal proceedings are underway.

Under Rule 6.06 of the Family Court Rules 2021 (WA) and the broader Family Law Act 1975 (Cth), the duty of disclosure is:

• Ongoing (not just once at the start)

• Compulsory

• Broad, including financial resources held by trusts, companies, or third parties

Failing to comply can lead to serious consequences — for you or your ex.

🚩 What If My Ex Won’t Provide Financial Disclosure?

Unfortunately, it’s not uncommon for one party to:

• Ignore disclosure requests

• Provide incomplete or outdated records

• Undervalue assets (especially businesses or crypto holdings)

• Transfer or hide money

• Delay negotiations intentionally

If this happens, you have options.

🛠️ Legal Options Available

Request Disclosure Formally

We start by writing to your ex (or their lawyer) requesting full disclosure. This is the first step in creating a paper trail if the matter goes to court.

File a Form 2 Application

If they refuse, we file a Form 2 Application in a Case, asking the Family Court to make orders compelling them to provide specific documents. These orders are enforceable and can carry cost penalties if ignored.

3. Issue Subpoenas

If needed, we can subpoena:

• Banks

• Employers

• Super funds

• Accountants

• Real estate agents

• Cryptocurrency exchanges This allows us to obtain documents directly from the source.

  
  

Seek a Costs Order

The Court may also order your ex to pay your legal costs, especially if they’ve caused delays or acted in bad faith.

Can a Property Settlement Be Changed Later?

It’s extremely difficult. If you enter into an agreement or obtain consent orders without full disclosure, and later discover hidden assets, you may have grounds to set aside the settlement — but only in rare cases.

That's why it’s crucial to get legal advice early and not agree to anything unless you’ve received proper financial information.

How AviorLaw Can Help

At AviorLaw, we’re experts in family law disputes involving non-disclosure. We offer:

• Fixed-fee disclosure applications

• Strategic legal advice

• Subpoena drafting and enforcement

• Representation in Court

• Settlement negotiations backed by evidence

Whether you’re just starting discussions or already in court, we’ll help make sure your ex plays by the rules — or faces the consequences.

📞 Book a Free 15-Minute Strategy Call

If your ex isn’t being honest about their finances, don’t wait. We’ll help you take action and protect your share of the property pool.

👉 Contact us on 0432 406 288 or info@avior.com.au to book a free 15-minute consultation with one of our family lawyers.