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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Hidden Assets Court Outcomes

11 replies

Rainbowdropz · 22/03/2021 00:44

Hi all,

I'm currently going through a messy divorce with my stbxh who is self employed. He has declared a low salary under 10k (to avoid taxes) and claims to get dividends from his company. He hasn't declared all his bank accounts and he recently told me it's because he has now closed some of them. We're due to exchange our questionnaire answers soon and I still don't have a date for the FDR at present. My stbxh is a narcissist and doesn't feel I'm entitled to anything basically. Additionally, he has a hidden account abroad, which he hasn't disclosed.

Does anyone have any court outcomes themselves or know of any friends/family that have divorced someone, who has tried to hide assets and income?

I just feel like I need a glimmer of hope at the moment, as I can barely sleep at night thinking about all this. The stress and anxiety of it all is getting out of hand.

I would be grateful if some of you could share your court outcomes with me. Thanks in advance.Smile

OP posts:
HosannainExcelSheets · 22/03/2021 06:46

I'm assuming you have a solicitor and barrister. Get the barrister to ask for a forensic accountant to be appointed, a joint expert to value his company, ask to see all tax returns, tax calculations, company bank statements, all personal bank accounts, foreign bank accounts etc.

If you know the bank account details that's better. If you know what banks the accounts are at you can go to a branch and pay in a cheque made out to exH to prove the account is open. If you're lucky, the teller will give you a receipt with account number and sort code on it.

But, don't get your hopes up. At my FDA I asked my ex to disclose specific accounts that I knew about and he lied and said they didn't exist. The judge agreed that my questions about additional accounts had to be struck out. I then transferred money to them so it's clear from my bank statements that they exist. Now he'll have to explain why he lied too.

But overall my experience is that small business owners can get away with murder and lie as much as they like.

Rainbowdropz · 22/03/2021 09:16

@HosannainExcelSheets

I'm assuming you have a solicitor and barrister. Get the barrister to ask for a forensic accountant to be appointed, a joint expert to value his company, ask to see all tax returns, tax calculations, company bank statements, all personal bank accounts, foreign bank accounts etc.

If you know the bank account details that's better. If you know what banks the accounts are at you can go to a branch and pay in a cheque made out to exH to prove the account is open. If you're lucky, the teller will give you a receipt with account number and sort code on it.

But, don't get your hopes up. At my FDA I asked my ex to disclose specific accounts that I knew about and he lied and said they didn't exist. The judge agreed that my questions about additional accounts had to be struck out. I then transferred money to them so it's clear from my bank statements that they exist. Now he'll have to explain why he lied too.

But overall my experience is that small business owners can get away with murder and lie as much as they like.

Thank you for getting back to me @HosannainExcelSheets . I do have a barrister and solicitor. I've spoken to my solicitor about getting a forensic accountant, but she has told me to wait to see what comes from the questionnaire, as forensic accountants are pricey. She has implied that I would need to know that a large amount of money had been moved, otherwise I could end up wasting money chasing something that's not there. I've asked for the company bank accounts for 2 years, so I'm hoping it will show his true earnings etc. Can I ask what the outcome was for your hearing?
OP posts:
BillMasen · 22/03/2021 09:28

My ExW lied about accounts and company dividends. The company accounts she disclosed clearly showed large dividend payments to her but courts and solicitors weren’t interested. If you can show proof then great, but it’ll be costly to investigate and even then, it might not change anything

HosannainExcelSheets · 22/03/2021 09:49

I'm still at the stage of answering questions. But to be honest my ex will get away with his lies. The judge said he didn't have to give me bank statements for company accounts, and although he has to get a proper valuation of the company, he can provide whatever information he wants to the valuer so it's all a bit pointless if he just lies.

I'd double check about asking to appoint experts. You have to ask early on for permission to do that, and of you don't ask you might not be allowed to later in the day. You can ask for permission, but then defer the appointment until after the replies to the questionnaires.

Rainbowdropz · 22/03/2021 22:19

@BillMasen

My ExW lied about accounts and company dividends. The company accounts she disclosed clearly showed large dividend payments to her but courts and solicitors weren’t interested. If you can show proof then great, but it’ll be costly to investigate and even then, it might not change anything
@BillMasen I'm sorry to hear this. That's what I worry about, I could pay loads to get less than I paid out. I do worry about the court system, it seems very unfair.
OP posts:
Rainbowdropz · 22/03/2021 22:22

@HosannainExcelSheets

I'm still at the stage of answering questions. But to be honest my ex will get away with his lies. The judge said he didn't have to give me bank statements for company accounts, and although he has to get a proper valuation of the company, he can provide whatever information he wants to the valuer so it's all a bit pointless if he just lies.

I'd double check about asking to appoint experts. You have to ask early on for permission to do that, and of you don't ask you might not be allowed to later in the day. You can ask for permission, but then defer the appointment until after the replies to the questionnaires.

@HosannainExcelSheets It sounds so soul destroying to hear that, I really do hope for your sake that you get a decent settlement. I think after I receive his answers, I'll ask my solicitor what is advised as honestly I'm tired of this whole process and just want to start my new life.
OP posts:
HosannainExcelSheets · 23/03/2021 08:08

I do have some faith in the judicial system. I'm sure that I will get a settlement I can live with. I'm also sure he will get away with lying to some extent.

But the important thing is that I'll be divorced and that's all that matters to me in the long run (do long as I can look after myself and the DC without too much hardship).

Try not to obsess or get bitter. I think anyone who is willing to lie in court to avoid a fair settlement for their own children's primary carer will have some karmic come-uppance coming their way.

Rainbowdropz · 23/03/2021 09:02

@HosannainExcelSheets

I do have some faith in the judicial system. I'm sure that I will get a settlement I can live with. I'm also sure he will get away with lying to some extent.

But the important thing is that I'll be divorced and that's all that matters to me in the long run (do long as I can look after myself and the DC without too much hardship).

Try not to obsess or get bitter. I think anyone who is willing to lie in court to avoid a fair settlement for their own children's primary carer will have some karmic come-uppance coming their way.

@HosannainExcelSheets yes you're absolutely right, being divorced is the most important part. I don't understand why they decide to lie, it's beyond me. Thank you for your advice, I need to remain focused on just ending it all.
OP posts:
PasturesN3w · 28/03/2021 10:19

Sorry to hear about this. I don't have good news either I'm afraid. My STBX lied and hid a six figure sum during the divorce. Unless you have very deep pockets, it's difficult to get your hands on hidden bank assets imho. OH also disappeared part of a savings account, again in his name. My solicitor was utterly cr@p at offering advice about this. She knew I was on a low income and had no funds for a forensic accountant so didn't have much interest in helping chase hidden assets.

I also know a woman who has spent five years and a lot of her own money chasing millions of pounds that her husband hid during the divorce, to no avail either.

You have to weigh up the cost personally to you of the pursuit and the stress involved in chasing the money.

It is often the poorer person in a divorce who loses out the most. It would be so good to hear positive stories to the contrary however.

Rainbowdropz · 08/04/2021 01:20

@PasturesN3w thank you for sharing your story. I'm literally losing sleep now thinking about all this. I can understand why some women decide to stay with rubbish men, cos the stress and anxiety of this is getting too much for me.

OP posts:
PasturesN3w · 08/04/2021 04:16

Each case is different, each couple is different Rainbowdropz. I think my OH was a covert narcissist and a sociopath. He felt able to do this because he’s got no moral compass. Your OH might be a person of integrity; someone with a moral code. All you can do is what you can do with the resources you have. Your solicitor may be better than mine, your STBX may be a far more reasonable person and you may be more tenacious than I was. I made a big mistake of giving up the fight very early.

Don’t lose sleep over this. As long as you have enough to live on/what you need, you will be okay. That’s what I keep telling myself, my glass is not half empty. I do have resources, I do have a home. I need to learn to let go of the profound angst that I did so less well out of the divorce than OH did.

I am a person of integrity, where is OH is not. I’ve not lied and lied and done terrible things to my partner for my own gain; my conscience is clear. Although I do take some pleasure in the fact that all his lying and hiding of assets has aged him terribly and he has a face like a screwed up brown paper bag Grin and looks like he has been sucking lemons; like Gollum (in LOTR), he’s been so corrupted by what he has done; it’s changed him. Whereas, I have kept my soul, still have gorgeous loving friends and our DCs and I still have so much in my life. That’s what I need to focus on, the glass that is half full. And if there is a cosmic force, OH is going to get what’s coming to him on judgement day.

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