Cryptocurrency and Hidden Assets in Australian Divorce: What You Need to Know
Divorce in Australia has entered the digital age, and so have hidden assets.
What used to be undisclosed cash in a safe can now take the form of cryptocurrency, NFTs, or other online investments. Under Australian family law all of these can form part of your property pool when dividing assets after separation.
According to the Independent Reserve Cryptocurrency Index report, 31% of Australian adults own or owned crypto in 2025 (up from 28% in 2024). Given the widespread and growing nature of crypto ownership, this is an important but still emerging issue in family law.
Your Duty to Disclose Under the Family Law Act
The Federal circuit and Family Court of Australia (Family Law) Rules 2021, at Rule 6.01 set out the requirement that both parties must provide full and frank financial disclosure of all information relevant to the proceeding. This captures financial information, which extends to digital assets. That means Bitcoin, Ethereum, and other crypto and NFT holdings must be declared, even if they’re stored in anonymous wallets or overseas exchanges.
Failure to disclose assets can have serious legal consequences. These can include the following actions taken by the Court:
Reopen property settlements,
Adjust the percentage split in the other party’s favour, and
Order costs or penalties against the non-disclosing party.
How Hidden Crypto Is Found
Crypto might feel invisible, and this makes it a modern hiding place for financial resources in some cases. That said, it can leave a trail. Transactions on public blockchains may be able to be traced through bank transfers, exchange records, and digital forensics.
Signals of crypo transactions may look like:
Transfers to or from crypto exchanges like Binance or CoinSpot
Evidence of hot wallets (online wallets linked to exchanges) or cold wallets (offline storage devices)
Large or unusual transactions near the time of separation.
Because cold wallets aren’t online, they’re harder to trace but not impossible when combined with financial analysis and subpoenas.
The evidence of crypto transactions can be subtle and challenging to spot. It is advisable to seek the services of forensic investigators if you suspect this may be relevant to your separation.
Valuing and Dividing Crypto
Crypto acquired during the relationship, even if in one person’s name, can still count as part of the property pool. Valuing cryptocurrency in divorce is challenging. Prices fluctuate by the minute, and tax obligations such as capital gains tax can arise when crypto is sold or transferred. Courts or advisers may fix a “valuation date,” such as the date of separation, to keep things consistent.
What You Can Do
Keep thorough financial records, including crypto transactions, tax returns, and exchange statements.
Review large or unexplained bank transfers.
Seek early legal advice and forensic investigator services if you suspect undisclosed assets.
Remember that honesty and transparency are the foundation of a fair property settlement.
Even in the world of blockchain and digital assets, the same rule applies: you can’t hide from disclosure under Australian family law.
~ Not legal advice. General information only. For tailored advice, contact a qualified Australian family lawyer.
