Assets & discretion
Uncovering Hidden Assets in a Divorce
A fair settlement is only possible if both sides disclose their assets. Yet precisely when a lot is at stake, accounts disappear shortly before separation, assets are "lent out" or income is talked down. You do not have to accept this. From over 300 proceedings handled, we know how to make concealed assets visible – with the statutory right to disclosure and, where necessary, with force.
Quick answer
Each spouse has a statutory right to disclosure of the other's assets – as at separation and at divorce, on request supported by documents (Section 1379 German Civil Code, BGB). Anyone who moves assets aside shortly before separation must have this disloyal dissipation attributed to them (Section 1375(2) BGB). Where disclosure is incomplete, a sworn statement can be demanded.
In brief
- There is a right to disclosure of initial, separation-date and final assets – with documents (Section 1379 BGB).
- Assets moved aside shortly before separation are added back to final assets (Section 1375(2) BGB).
- The separation date is central: disloyal dispositions count from here.
- Incomplete or false disclosure can trigger a sworn statement.
- Anyone deliberately swearing falsely risks criminal consequences.
The right to disclosure
The basis of any asset settlement is disclosure. Both spouses must disclose their initial assets (at marriage) and their final assets (at service of the divorce petition) – and, on request, support the figures with documents (Section 1379 BGB). This covers accounts, portfolios, real estate, shareholdings, life insurance, vehicles, art and other assets. A mere assertion is not enough; where documents are requested, they must be produced.
Disclosure as at the date of separation
An often overlooked lever: there is an additional right to disclosure as at the date of separation (Section 1379(1) BGB). This is decisive because it allows a comparison of how the assets developed between separation and divorce. If they fell conspicuously in this phase, the suspicion of a targeted transfer of assets is close – and this is exactly where the correction begins.
Disloyal dissipation of assets
The law protects against deliberate disadvantage: if a spouse, after separation, wasted, gave away or moved aside assets with intent to disadvantage the other, this amount is added back to final assets as if it were still there (Section 1375(2) BGB). So anyone who empties the account at the last minute, "transfers" to relatives or squanders assets does not improve their position – on the contrary.
Moving assets doesn't help
Assets that disappear after separation with intent to disadvantage are notionally recovered. Such manoeuvres regularly come to light in the disclosure process.
Typical hiding places
Concealed assets almost always leave traces. Common ones are:
- Accounts and cash that are not declared – traceable via account movements and interest reports.
- Transfers to relatives or friends shortly before separation ("repayment of alleged loans").
- Crypto holdings, which are easy to obscure. → Crypto in divorce
- Securities portfolios, including abroad. → Shares and investments
- Understated income among the self-employed and business owners. → Business-owner divorce
- Assets abroad. → Assets abroad
Suspect hidden assets?
Describe what you have observed – conspicuous transfers, vanished accounts, unclear income. We assess how the right to disclosure can be enforced most effectively.
The sworn statement
If disclosure remains incomplete or there is well-founded doubt about its accuracy, a sworn statement can be demanded (Sections 260, 261 BGB). With it, the other affirms on oath that their information is complete and correct. This increases pressure considerably – because a deliberately false sworn statement is a criminal offence. Many "memory gaps" close as soon as this stage is on the table.
What you can do yourself
You are not helpless against the suspicion. It is sensible to secure documents early: copies of joint account statements, tax assessments, documents on real estate and shareholdings, indications of portfolios or crypto accounts. It is important to limit yourself to lawfully accessible information. What is missing, we obtain via the right to disclosure – in court if necessary. The better the starting position is documented, the stronger your claim.
Related topics
Division of assets High-net-worth divorce Shares and investments Crypto in divorce Business-owner divorce Assets abroad Divorce settlement agreement
Free tools to check first: Equalisation of gains calculator
Frequently asked questions
Must my spouse disclose all their assets?
Yes. There is a right to disclosure of initial, separation-date and final assets, on request with documents (Section 1379 BGB).
What happens if assets disappear shortly before separation?
Assets wasted or moved with intent to disadvantage are added back to final assets (Section 1375(2) BGB) – as if still there.
What does the sworn statement achieve?
It compels affirmation of completeness on oath. A deliberately false statement is a criminal offence – increasing the pressure to disclose fully.
Can I hire a private investigator?
Within limits yes, but usability and cost must be weighed. Often the statutory right to disclosure leads to the goal faster and more safely.
Does this also apply to assets abroad and crypto?
Yes. The right to disclosure also covers foreign accounts, portfolios and cryptocurrencies.
How do I prove a suspicion?
Via secured documents and conspicuous account movements. The rest we obtain through the right to disclosure, if necessary in court with a sworn statement.