with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When couples separate, both parties have a legal duty to provide complete and honest financial disclosure.

This means sharing details of all assets, liabilities, income and financial resources — not just the ones in your own name.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says full disclosure is the cornerstone of any fair property settlement. “You can’t divide what you don’t know exists,” she explains. “The law requires transparency from both sides so that negotiations and settlements are based on truth, not guesswork.”

What Full and Frank Disclosure Means

Under the Family Law Rules 2021, both parties must exchange documents showing their entire financial position.

That includes bank statements, tax returns, superannuation, business records, trusts, loans, property valuations and any other financial interests.

“Disclosure isn’t optional or selective,” Melody says. “It covers everything — including assets you control through companies or family trusts”,

Failure to comply can lead to serious consequences, including cost penalties.

When One Party Refuses to Disclose

If one person withholds documents or provides incomplete information, your lawyer can take steps to compel disclosure.

That may include issuing a Notice to Produce, filing Subpoenas to banks or employers, or seeking Orders for Discovery through the Court.

“The Court takes non-disclosure seriously,” Melody explains. “If someone hides assets, the judge can draw adverse inferences — assuming they’re worth more than what they admit to — and divide property accordingly.”

In extreme cases, the Court can set aside previous orders and reopen the case based on failure to provide full financial disclosure.

How Hidden Assets Are Found

Lawyers use multiple tools to uncover concealed assets — from tracing bank transfers and reviewing company structures to engaging forensic accountants or valuers.

“We follow the paper trail,” Melody says. “Money always leaves clues — and experienced practitioners know where to look.”

The Court has broad powers to ensure justice is done, even if someone attempts to move, spend or hide money before settlement.

Why Honesty Protects You

Melody emphasises that honesty is not only a legal duty but also a strategic advantage.

“Clients who disclose everything upfront move faster, spend less on legal fees and reach stronger, more sustainable settlements,” she explains. “Concealment delays progress and almost always backfires.”

Full disclosure also builds credibility with the Court and can influence how the judge views your reliability as a witness.

Quick Answers

What if my ex won’t give me their financial documents?
Your lawyer can issue subpoenas or apply for court orders compelling disclosure. The Court can also impose cost penalties for non-compliance.

Can I get access to their bank or superannuation records?
Yes. With proper legal process, the Court can order banks, super funds and employers to release relevant documents via subpoena.

Do I still have to disclose everything if they don’t?
Yes. Your obligation is independent of theirs. Being transparent protects you and strengthens your position.

Can hidden assets be found?
Almost always. Through subpoenas, expert analysis and careful investigation, undisclosed assets are often uncovered.

From Melody

“Full disclosure is the foundation of fairness. If someone’s hiding assets, the Court has the tools — and the will — to uncover the truth. The best thing you can do is stay transparent, stay calm and let the process work.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law