discovery of un declared property after divorce

[BlackStrayCat]

Can I do anything? It would have made a huge difference in outcome of arbitration.

TIA

If you’re already divorced then I don’t think you can do anything. Did you sort a financial order out prior to the divorce?
It’s FO first then sign off the divorce order as far as I’m aware. Once you’re divorced you can’t go back and claim for anything else.
He lied on Form E then if you did that so I don’t know whether it can be challenged now.
I would go back and seek legal advice.

Thank you @Yogazmum I thought as much.

Definitely seek legal advice - he lied on court documents. He’s perjured himself. V serious

Hang on? Who are you taking legal advice from? Anyone with a legal qualification? Or just someone on MN who has a hunch? If you think the arbitration was based on fraudulent non disclosure you should see a solicitor

I have no confidence in my lawyer (he was legal aid and ignored me saying I thought ex had another property)

I feel a bit defeated tbh.

Maybe I will contact another lawyer, now its all over and I have (a miniscule) amount of money.

Thank you @HoppityBun

https://www.gnlaw.co.uk/news/form-e-divorce/#:~:text=What%20happens%20if%20you%20lie,makes%20could%20be%20set%20aside.

If he has lied and it would have made a material difference then yes it is possible to reopen the case. What proof do you have that he owned it at the time and hid it? Land registry documents?

What do you know about the equity in the property at the time? If the equity is low, there would be little point arguing over it.

Well it will be costly and its existence might not have changed the settlement depending on whole bunch of factors.

you’ll need to weigh up cost of trying to reopen the settlement ( not guaranteed) and chance of having successful claim
( not guaranteed) with the potential value at the end
if it’s sizeable it might be worth a conversation with a solicitor

A lot depends on the circumstances of the case. In order to fairly determine a split disclosure is a must. But how detailed and extensive that disclosure is can vary and couples have some discretion over that. A decision a judge will respect what you decided in court if he or she is assured that you sought and received independent legal advice and you are not being coerced.

You can make an entirely private decision as a couple on the split as long as you do so knowingly and with advice, even if you ignore the advice. Lawyers will make usually confirm this with you. That includes a decision not to seek clarity on detail on disclosure. From what you are saying the opposite is happened. The lawyer ignored your concern that disclosure wasn’t complete.

If the case went to court and you were both order to disclose your assets and he didn’t then there is potentially a flawed judgement. That can be reopened.

I think your first step is to make a complaint about the advice you received from your lawyer. If it can be established through that complaint that you raised the concern but received bad or inappropriate advice then you have started to pull the thread on reopening the judgement.

I am assuming that you have found evidence of his ownership of the property at the time of the divorce. Is that the case?

Do you know the value of equity he holds in the property? The property itself might be worth a lot but the equity could be small.