Hidden bank account

[Busbygirl]

We’re nearing our FDR and I’ve just realised looking back over my H’s bank statements that he’s kept an account hidden.
We’ve already completed our Form Es and questionnaire for court. Is it too late to ask him to produce evidence of this account?
if my solicitor asks him, is he obliged to hand in statements?
He has told lies all the way through the process so he’ll make up some story as to why he can’t come up with the goods.
I’m keen for this to be uncovered as it could have quite a bit of money in it. I’m talking over £40k.

Poor you. You need to ask your solicitor about whether you can legally, you probably can. Then you need to decide whether it's worth it. I am pretty sure my (soon to be ex) husband has hidden some money, but it got to the point where my mental health and the relief of being free of him was worth letting that go. He will never tell the truth and I'll spend money trying to get there but more importantly waste energy and not be able to move on. You need to decide if you are willing to continue the battle, whether letting go will be a good thing or whether you'll always feel cheated if you do. Good luck. Xxx

get off mumsnet

and email your solicitor with this evidence

obviously

the evidence in the statement being payments out to another account?

Yes, a couple of small payments out of his regular account to the account I hadn’t noticed.
But there is probably a lot in this account, so worth yet another solicitor’s letter.
We’ve already uncovered £30k he was hiding elsewhere. It’s all a nightmare.

Your solicitor should have picked this up when you received the statements, that's their job.

how have you extrapolated £40k in this hidden bank account from a couple of small payments?

Not extrapolated it, no!
I’d just totally forgotten he had an account with about 40k in when we split.
Neither my solicitor or I had spotted it as the bank name he holds the account in, is the same as our surname. So the bank transfers showed as, for example Lloydsmoney, obviously not my name but don’t want to put the real one.

I’m keen for this to be uncovered as it could have quite a bit of money in it. I’m talking over £40k.

i am confused. you said that only a couple of small amounts transferred to it but “probably” a lot

but in the above quote you seem sure it’s got £40k in it

is it an acrimonious split?

Yes very acrimonious.
The hidden account had small amounts of money transferred to it from his regular account.
He declared his regular account.

Flag it up to your solicitor as a risk. Be clear about what the concern is and why you think there may be an account with a large balance. This is about asking the right question and referencing the right facts.

1. Why do you suspect or have you concluded the money is going to account he holds. A text description is a clue not confirmation it is an account in his name.
2. What do you know about this account and why it might have a balance of 40k. For example when do you think it was set up and for what purpose.

Take advice from your solicitor about whether this is worth pursuing in the grand scheme of things. If your needs are met maybe it’s time to settle and move on.

Wait , i assume this is his own money considering that he was able to transfer money into it without you knowing or noticing whilst married.

This is excatly why I find marriage not ideal at times or a take what you brought in only prenup.

Anyway, my rational view aside. Do get a solicitor to sort, at your cost unfortunately

“his own money”

Doesnt work like that in a divorce

Yes but it should

Definitely inform your solicitor.

I absolutely know that, hence why I expessed my view then proceeded to suggest the right way "marriage/divorce suggets". RAW deal for the higher earner but hey

How do you know I wasn’t the high earner?
We’d been married a very long time. He’d set up an account in his own name without my knowledge and had obviously been putting funds in from our joint account!
Plus he’s had the benefit from a good sized inheritance from my parents.
Please don’t make assumptions. He has dine very very well from the marriage.
I will ask my solicitor (although it’s costing me ££££ every time I ask a question).
I was just wondering now that our form Es have been signed for court if I could now investigate this hidden account or whether it was too late. Thank you.

had obviously been putting funds in from our joint account!

for how long?

further read. I stand corrected. To be honest, as the transfers are clearly showing up, I would say its straight forward and should be investigated. Its worth paying for this to be honest or if proven right you can request the cost to be covered by him.

quote from my research:
BAD FAITH/FAULT:

• A judge will also sometimes award attorney’s fees based not on the financial status of the party but on the basis of fault. Sometimes one side in a divorce case will engage in bad faith behavior that causes a case to drag out unnecessarily, causing the innocent spouse’s attorney’s fees to increase unfairly. This can occur when one spouse engages in frivolous litigation by making false allegations about the other spouse or refusing to negotiate; other times it can take the form of disobeying a court order, hiding assets, or refusing to provide documents. In such a case the Court can, at its discretion, order the at-fault party to pay some or all of the other party’s attorney fees.

Blimey, I only realised when you said this, nevertheless, My cousin(male) , his ex wife hid a property in divorce and had to cover expenses as she was not transparent and this delayed the proceedings.( court ordered)

Have you done your follow-up questions to their responses to questionnaire? Even if you have, I would submit further questions about those transactions and ask for bank statements showing the corresponding entries.

They may not respond but then you could at least say at the FDR that you believe his disclosure is incomplete. The judge could then order further disclosure or a forensic accountant BUT it means that your FDR is wasted and you gave further delays. You have to decide what’s most important to you, and whether another delay is going gain you any money considering your increased costs (although perhaps he could be ordered to pay your costs if he’s been hiding assets). Definitely worth asking your solicitor.

Is it going to actually make a difference? You
cphld spend time and money trying to Chas ethos down, but in reality not end up better off due to increased costs.

my exH has been an utter arse about financial disclosure, and I know he is hiding accounts and more. However, when he did actually finally put a proposal forward, it was overall fair (ish) and not worth me pursuing the hidden money. It rankles that he isn’t being honest, but that’s on him.

think seriously about whether it will be cost effective chasing this.

Maybe not legal - but if you know all of his details name date of birth address try and do a free credit check like clear score on him 😂

this should show any bank accounts he’s got and any credit cards / loans

probably not legal and you might not be able to use it as evidence but at least you will have a better idea