Hidden assets in divorce: what you can do

If you think your ex is hiding money in a divorce, the court can make them answer questions and hand over documents, order banks and employers to produce records, and stop money being moved. If they still won't be honest, the judge can decide what they probably have, make them pay costs, and in serious cases treat it as contempt of court. A settlement based on hidden money can be reopened later.

Suspecting your ex of hiding money is exhausting. Every figure feels like a fight, and it's easy to feel powerless when they control the paperwork. You have more power than it might feel like. This guide explains the rules, what you can do now, and what the court can do for you. If you haven't started a court case yet, our guide to representing yourself in financial proceedings explains each stage.

3 yearsbefore an application: transfers in this period are presumed to be meant to defeat your claimMatrimonial Causes Act 1973, section 37

2015the Supreme Court reopened two settlements, Sharland and Gohil, because of dishonest disclosureUK Supreme Court

12 monthsof statements needed for every bank account on Form EForm E (01.23)

What is the duty to disclose?

When you sort out money on divorce, each of you must give "full, frank and clear" disclosure of your financial and other relevant circumstances. That means everything: property, savings, pensions, businesses, debts, income, and anything you're expecting to receive. The duty carries on until the case ends, so big changes have to be reported too (Form E).

In court, disclosure is made on Form E, signed with a statement of truth. In mediation it's voluntary, but the mediator must tell you both that full disclosure is needed, and the financial facts you give are on an open basis, so they can be used in court later (Family Mediation Council Code of Practice). If you're agreeing a consent order, the D81 form gives the judge a summary of both your finances.

What are the signs that money is being hidden?

None of these proves anything on its own. People's finances change for genuine reasons, especially around a separation. But they're the things worth noting and asking about:

A sudden drop in declared income, a new job on lower pay, or a bonus or pay rise that's been delayed until after the divorce
A business that suddenly earns much less, takes on new costs or employs a new partner or family member
Money moved to family members, a new partner or a company, or "loans" repaid to relatives
Accounts, cards, investments or pensions you didn't know about, or statements going to a different address
Large cash withdrawals, cryptocurrency, or spending that doesn't match the income declared
Property or assets abroad that aren't mentioned
Assets suddenly valued much lower than you'd expect, or described as belonging to someone else

What can you do now?

Start building a picture from information you're entitled to, and write down what you know while it's fresh.

Keep copies of documents you're entitled to see, such as statements for joint accounts, joint tax returns, and letters addressed to you or to both of you.
Make a list of every account, property, pension, business, vehicle and valuable item you know about or remember, with whatever details you have: bank names, rough balances, dates.
Check public records. HM Land Registry will show who owns a property in England and Wales for a small fee (GOV.UK), and Companies House shows company directors, shareholders and accounts for free (Companies House).
Protect the family home. If you're married and the home is in your ex's sole name, you can register your home rights with HM Land Registry, which makes it harder for them to sell or mortgage it without you knowing (GOV.UK).

Don't take their private documents

It can be tempting to look through your ex's phone, emails, laptop or post. Don't. The Court of Appeal has held that there's no legal right to take or copy a spouse's confidential documents, and doing so can be unlawful. You can be ordered to hand them back, and it can damage your case (Imerman v Tchenguiz, 2010). If you've already seen something, tell your solicitor or the court what exists, so it can be requested properly.

You don't have to find the hidden money yourself. You have to show the court where to look.

What can the court order?

Once one of you has applied for a financial order, the court process is designed to bring everything into the open.

The questionnaire

After you've swapped Form Es, you each file a questionnaire asking for documents and explanations that are missing, at least 14 days before the first appointment (Family Procedure Rules, rule 9.14). Be specific: "12 months of statements for the Barclays account ending 4421" will get further than "full details of all accounts". Many courts expect questionnaires to be no more than four pages, so focus on what matters most. At the first appointment the judge decides which questions must be answered, and by when.

Orders against banks, employers and others

If your ex won't produce something, the court can order someone else to, such as a bank, an employer, an accountant or a new partner. The court can do this where disclosure is "necessary in order to dispose fairly of the proceedings or to save costs" (Family Procedure Rules, rule 21.2).

Expert evidence

Where there's a business or complex finances, the court can direct an expert, usually a single joint expert such as a forensic accountant, to value the business or trace money. You normally share the cost, so it's used where the amount at stake justifies it.

Questions at the final hearing

If the case reaches a final hearing, your ex can be questioned about their finances under oath, and the judge decides whose account is believable.

What happens if they still won't disclose?

The judge can decide what they probably have. Where someone hasn't disclosed properly, the court can draw adverse inferences, meaning it can decide on the evidence what their real resources are likely to be, rather than accepting what they've declared (Moher v Moher, 2019).
They can be made to pay costs. In financial cases each person normally pays their own costs, but the court can order otherwise if someone breaks the rules or court orders, or behaves unreasonably in the case (Family Procedure Rules, rule 28.3).
An order can come with a penal notice. Breaking a court order with a penal notice is contempt of court, which can lead to a fine or prison.
Lying on Form E can be a crime. The form warns that a false statement verified by a statement of truth can lead to contempt proceedings, and deliberate dishonesty to proceedings for fraud (Form E).

What if money is being moved or spent?

Stopping money being moved

Once financial proceedings have started, the court can order your ex not to sell, transfer or otherwise deal with property if they're about to do so to defeat your claim. It can also set aside a transfer that has already happened, unless it was sold for its proper value to someone acting in good faith. If the transfer happened less than three years before your application, the court presumes it was done to defeat your claim unless your ex shows otherwise (Matrimonial Causes Act 1973, section 37).

These applications can be made urgently, and in some cases without warning your ex first. They're technical, so this is the point to get a family solicitor's help, even if you're representing yourself for the rest of the case.

Money already spent

Ordinary spending, including reasonable living costs and legal fees, isn't usually held against someone. But where there's clear evidence that your ex deliberately and recklessly spent money, for example gambling it away or spending to reduce what you'd get, the court can treat that money as if they still had it. This is called an add-back. The Court of Appeal has said it needs "clear evidence of dissipation (in which there is a wanton element)", so the bar is high (Vaughan v Vaughan, 2007).

If money is being taken from a joint account, contact the bank. Many banks will change a joint account so that both of you have to agree to withdrawals. Keep statements showing what was taken and when.

What if you find out after the settlement?

A financial order can be set aside if it was made without full and honest disclosure, and the missing information would have made a material difference to the outcome. In 2015 the Supreme Court set aside two settlements on this basis on the same day: in Sharland, the husband hadn't disclosed plans to float his company on the stock market, and in Gohil, the husband had hidden his true wealth (Sharland v Sharland; Gohil v Gohil). Applications to set aside are made to the court that made the order. Act quickly once you find out, and get legal advice.

Where can you get help?

Non-disclosure cases are where legal advice pays for itself most often. Even if you're handling the rest yourself, consider paying a family solicitor to draft your questionnaire, or to make an urgent application to stop money being moved. If you've experienced economic abuse, such as your ex controlling all the money, legal aid may be available with evidence (GOV.UK), and Surviving Economic Abuse has free information and support. If you're in danger, call 999. The National Domestic Abuse Helpline (0808 2000 247) and the Men's Advice Line (0808 801 0327) can help.

A family solicitor can draft your questionnaire, apply for orders against banks or employers, or make an urgent application to stop money being moved. Get matched and we'll introduce you to two or three who deal with exactly this.

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Common questions

What happens if my ex lies on Form E?

The court can order them to answer questions and produce documents, make them pay costs, and decide what they probably have rather than what they've declared. Deliberate lies can be contempt of court or fraud. If the lie is only found after the final order, the order can be set aside.

Can I look through my ex's phone or emails for evidence?

No. Taking or copying your ex's private documents, emails or messages without permission can be unlawful, and you may have to hand them back. Use the court process instead: the questionnaire, orders for disclosure and orders against banks or employers.

Can I stop my ex moving money before the divorce is finished?

Yes. Once financial proceedings have started, the court can order your ex not to move or sell assets, and can reverse a transfer made to defeat your claim. If the transfer was in the last three years, the court presumes it was meant to defeat your claim unless your ex shows otherwise. Get legal advice quickly.

What if my ex has spent our savings?

Ordinary spending isn't usually counted against someone. But if there is clear evidence they deliberately and recklessly spent money to reduce what you get, the court can treat that money as if they still had it, called an add-back.

Can a divorce settlement be reopened if I find hidden money later?

Yes. A financial order made without full and honest disclosure can be set aside if the missing information would have made a real difference to the outcome. The Supreme Court did this in Sharland and Gohil in 2015. Get advice as soon as you find out.

Sources

This guide is general information, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 5 November 2026.

When your ex is hiding money, what you can do