If a previously unknown securities account is discovered after an application for division has been filed, the facts must be organised quickly. The key points are the identity of the account, its connection with the marriage, the documents available and the exact stage of the pending proceedings.
The discovery does not automatically amend the application. It also does not create a new one-year period. Under section 95 of the Austrian Marriage Act (EheG), the claim to divide marital household goods and marital savings expires unless it is acknowledged by agreement or settlement, or asserted in court, within one year after the divorce, annulment or nullity decision becomes final.
This article deals only with a securities account discovered after an application for division has already been filed. General disclosure claims, the valuation of every securities account and the division of real estate are separate questions.
What should be clarified first after the account is found?
This short check assigns the next review to the actual procedural situation.
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What is currently known about the account?
Choose the situation closest to yours. The check does not replace a review of the court file.
Overview of all answers.
Identify the account and obtain its records
Preserve the reference to the account and establish the institution, account number, holder, currency and periods concerned. Without these details, neither its connection with the proceedings nor the scope of any disclosure can be assessed reliably.
Trace the origin and movement of the assets
Arrange balances, deposits, sales, transfers and withdrawals by date. Add evidence showing whether the assets were acquired during the marriage, transferred from a personal asset pool or changed later.
Prepare a possible supplement to the pending case
Compare the discovered facts with the application already filed and with the court file. Only then can it be decided whether a supplement, a further disclosure request or another procedural step is appropriate.
Document value and period as separate questions
Present account balances and transactions separately for each relevant date. Market value, deposits, withdrawals and later price movements should not be reduced to one unexplained figure.
What should be preserved after the account is discovered
The first task is reliable identification. Record the institution, account or custody number, account holder, currency and the periods for which records are missing. The way in which the reference came to light belongs in the chronology as well. A screenshot or a single balance may be a lead, but it is not a complete statement.
Where accessible, obtain custody statements, securities trade confirmations, income statements and the related cash movements. If both spouses hold rights in the account, record that fact. If the account is held by one spouse, its legal and factual connection with the marital pool must be examined through the origin and use of the funds.
Store the records unchanged and label each item by source, date and evidential value. This keeps proven facts separate from matters that still rest on an indication.
How disclosure and the origin of the assets fit together
An account name or a single balance does not show which assets may be relevant to the division. The development of the balance is needed. This includes purchases, sales, transfers, dividends, interest, deposits and withdrawals. The source of the money may be just as important as the current balance.
Where assets were transferred between accounts, the route through both institutions should remain traceable. A statement for the receiving account alone may hide the origin of the securities. Conversely, an account balance should not be treated as marital savings without examining whether personal assets or a gratuitous transfer are involved.
Disclosure therefore serves two separate reviews. It first makes the facts visible. The next question is which positions fall within the division proceedings and which allocation is supported by the evidence.
What a supplement to pending division proceedings requires
Whether an application for division can or must be supplemented depends on the wording of the original request and the stage of the court proceedings. The original application, any order to cure defects, submissions, court decisions and recent deadlines should be compared.
The discovery should first be described in a factual supplement: when did the account become known, which details are confirmed, which records are missing and what specific decision is sought from the court? A general request to include all account assets leaves the necessary boundaries unclear.
Depending on the file, it may also be appropriate to consider a disclosure request to the other spouse, production of specific records or an adjustment of the relief sought. Those steps must follow the procedural rules and the application already filed. Finding the account does not automatically expand the case.
How balances, transactions and valuation issues should be separated
Different dates can answer different questions for securities. A statement shows the holdings on a particular date. A transaction history explains how the holdings arose. Price movements after a relevant period are different again from deposits or withdrawals.
Prepare a separate line for each date under review, stating date, security, quantity, market value and source. Keep purchases, sales, transfers and distributions in a separate movement schedule. Differences between bank records, custody statements and personal calculations should be identified openly.
The discovery date alone does not determine which assets are included or how they are valued. The outcome depends on legal classification, the documented movements and the specific issue to be decided in the proceedings.
Why discovering the account does not restart the period under section 95 EheG
Section 95 EheG links expiry of the division claim to one year after the divorce, annulment or nullity decision becomes final. Within that period, the claim must be acknowledged by agreement or settlement or asserted in court.
If an account is discovered later, the statutory starting point does not automatically move. The discovery may require a prompt supplement to the factual presentation, but it does not create a separate period beginning on the date of discovery. Preserve the date on which the divorce became final, the wording and filing date of the existing application and every later procedural act.
The records should show which asset position was already covered by the original relief and which position was specified only later. Whether the existing court assertion is sufficient for the newly identified facts depends on the precise request and the court file.
Which records make the review of the undisclosed account easier
For an initial consultation, place the filed application, the divorce decision with proof of finality and the previous correspondence in one file. Add every court order, submission and service document so that the procedural stage does not have to be reconstructed from memory.
For the account, the relevant records include custody master data, complete statements, trade confirmations, transfer records and the bank records for deposits. If the reference appears in documents belonging to the other spouse, retain the original or a traceable copy with its source.
A short chronology with four columns is useful: date, event, evidence and open question. Also mark which position was already named in the application. This allows the legal review to distinguish disclosure, supplementation and possible protection of the statutory period.
Four review areas after an account is found
Each area requires its own facts and supporting records.
| Review area | Key question | Useful records | |
|---|---|---|---|
| Identity | Which account is involved? | Institution, holder, number and period | Account data, statements, reference |
| Origin | How did the assets arise? | Deposits, transfers, purchases and sales | Bank records, transaction histories, confirmations |
| Proceedings | How does the discovery fit the application? | Existing relief and current court file | Application, service records, orders, submissions |
| Period | Which one-year period must be checked? | Finality and court assertion under section 95 EheG | Divorce decision, proof of finality, filing receipt |
The table structures preparation. It does not replace a legal review of the account and the court file.
A practical order after the account is found
A clear order keeps evidence, procedure and time limits separate.
Record the discovery
Preserve the reference, date, source and first account details unchanged.
Reconstruct the balance
Collect master data, statements, transactions and cash movements for the relevant periods.
Compare the application
Set the original relief, the court file and the newly identified facts side by side.
Check the period
Verify finality and court assertion under section 95 EheG using the file records.
Important limit: Finding a previously unknown account is neither a disclosure nor a supplement to the application. Before making a statement, establish which assets, periods and procedural steps are actually supported by records.
Previously undisclosed securities account in division proceedings: common questions
Does discovering the account start a new one-year period?
No. Section 95 EheG links the period to the final divorce, annulment or nullity decision. The later discovery may require a prompt response, but it does not automatically change that starting point.
Must the account automatically be added to the existing application?
This cannot be answered in the abstract. The account, period, origin and original relief must first be compared. The appropriate procedural step can then be assessed from the court file.
Which records are particularly important for the first review?
Useful records include account master data, complete statements, transaction and transfer records, bank records for deposits, the existing application and the divorce decision with proof of finality.
Related articles for preparation
Securities account in divorce: statements, valuation date and evidence
Basic guidance on account records, valuation questions and transaction evidence.
Disclosure in division proceedings: bank and company records
How documents and disclosure questions can be organised in the proceedings.
Discuss your situation
Briefly describe when the account became known and how far the proceedings have progressed.
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