Hidden Assets in Divorce – What Can You Do?

Divorce or separation is difficult enough without worrying that your ex may be hiding money or property. Unfortunately, it’s not uncommon for one person to try to conceal assets to avoid sharing them fairly. In Scotland, both parties have a legal duty to be open and honest about their finances – and there are steps you can take if something doesn’t feel right.

This article will explain what hidden assets look like, how to spot them, and what you can do if you think something is being kept from you.

What Are Hidden Assets?

Hidden assets are anything of value that one party tries to conceal from the other during separation or divorce. This is done to try to keep more than their fair share.

Some common examples include:

• Undeclared bank accounts
  A spouse may have savings in a personal or overseas account that they don’t mention during the financial settlement. For example, someone might keep a separate “rainy day” account they opened before the marriage and never disclose it, thinking it won’t be found.
• Cash savings
  It’s surprisingly common for people to withdraw money from a joint account before separation and keep it in cash. This might be stored at home, in a safe, or even given to a friend or family member to hold temporarily.
• Property or land
  Someone may fail to declare a rental flat, holiday home or plot of land they bought before or during the marriage. For example, if they own a buy-to-let property in their sole name, they may assume you won’t know about it – but it still needs to be disclosed.
• Cryptocurrency or online investments
  Digital currencies like Bitcoin or Ethereum can be easily overlooked or deliberately hidden, especially if you’re not familiar with how they work. These can hold significant value and can sometimes be traced through bank transfers or investment platforms.
• Business assets or income
  A self-employed person might understate their business income or delay issuing invoices to make their earnings appear lower than they are. They may also transfer ownership of business assets or equipment to others before separation.
• Valuable personal items
  Jewellery, artwork, designer items or even vehicles can be sold or passed to a friend to hide their value. For instance, someone might say a classic car was “sold” to a sibling for £500, when in fact it’s worth £15,000.

What Is the Duty of Disclosure in Scotland?

When divorcing in Scotland, both parties must provide full and frank disclosure of their financial position. This includes all:

• Assets in your own name
• Jointly owned assets
• Debts and liabilities
• Pensions, savings, investments
• Interests in any businesses or trusts

This applies whether you’re agreeing matters between yourselves or going through the courts. If someone refuses to disclose assets or lies about their value, the court may set aside any agreement reached and penalise them for misleading the process.

What Can You Do If You Suspect Hidden Assets?

If you’re worried that your ex is hiding something, you’re not powerless. Here are practical steps you can take:

• Speak to a solicitor early

 It’s important to get legal advice at the start, especially if things don’t feel right.

A solicitor experienced in divorce and financial matters will:

• • Help you understand what your spouse should be declaring
  • Ask the right questions and request the right documents
  • Be alert to inconsistencies – for example, if their income doesn’t match their lifestyle or spending habits

Example: A client once noticed their ex was still going on expensive holidays and driving a new car, despite claiming to have no money. This was investigated and the ex was found to have undisclosed income from a second job and online trading.

• Use the “Schedule of Matrimonial Property”

 This is a key part of any Scottish divorce. Each person must complete a list of all property, assets, and debts held on the “relevant date” – usually the date of separation.

It includes everything from:

• • Bank accounts
  • Pensions
  • Property
  • Shares and investments
  • Debts and loans

Tip: Compare this list with past financial records or anything you were aware of during the marriage. If something’s missing or undervalued, raise it with your solicitor.

• Request further documentation

If something doesn’t add up, your solicitor can request additional documents to clarify the picture. This might include:

• • Full bank statements going back 12–24 months
  • Business accounts and tax returns
  • Loan applications (which often list assets more honestly)
  • Payslips and P60s
  • Title deeds for properties

Example: In one case, a client’s spouse claimed to have no savings, but their bank statements showed large monthly transfers into another account. This was traced this to an undeclared investment platform.

• Raise a court action if disclosure is refused

If your ex-partner refuses to co-operate or withholds information, your solicitor can raise an action for financial provision on divorce under the Family Law (Scotland) Act 1985.

The court can then:

• • Order them to produce documents
  • Examine evidence under oath
  • Reverse suspicious transfers
  • Impose costs or sanctions for failing to comply

Example: A court can order someone to provide details of all their bank accounts or face consequences such as fines or being held in contempt of court.

• Instruct a forensic accountant if needed

In complex cases, especially involving businesses or international assets, your solicitor may work with a forensic accountant.

They can:

• • Trace hidden income
  • Value business interests
  • Review company accounts for unusual transactions
  • Identify disguised payments

Example: In one case, a spouse had a small family company and claimed it made no profit. The forensic accountant spotted payments being made to relatives for “consultancy” that were really just ways to hide profits.

• Watch for undervalued or transferred assets

 Be alert if your spouse claims an asset has been “sold” or given away recently, particularly to friends or family.

The court can reverse these transactions under section 18 of the Family Law (Scotland) Act 1985 if they were made to defeat your claim.

Example: Someone transferred shares in a business to their cousin for £1 shortly before separation. The court ruled this was an attempt to hide wealth and brought the value back into the settlement. 

What Happens If You Discover Hidden Assets Later?

If you later find out that your ex hid something during the divorce process – even after a settlement has been signed – you may be able to:

• Apply to the court to set aside the agreement or re-open the settlement
• Seek a fresh valuation of assets
• Claim financial compensation for what was hidden
• Ask the court to award legal costs in your favour

Act quickly and speak to your solicitor as soon as you suspect anything.

How a Solicitor Can Help

Dealing with hidden assets can be frustrating and time-consuming – but you don’t need to do it alone.

A family law solicitor will:

• Help you gather evidence and documents
• Identify gaps or red flags in your ex’s disclosure
• Make formal requests or raise a court action
• Work with financial experts where needed
• Ensure you get a fair and accurate settlement

Final Thoughts

Hiding assets during divorce is dishonest, unfair, and unlawful. If you’re worried that your spouse is concealing money, property or other valuables, don’t ignore it – trust your instincts and get advice early. With the right support, you can make sure your financial future is protected.

Worried about hidden assets in your divorce?

We can help you uncover the truth and secure what you’re entitled to. Contact us today for confidential advice tailored to your situation.

If you are looking for an experienced solicitor, would like to discuss matters or gain a greater understanding of any element of the process then please contact our experienced Family Law Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.