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Hiding - how would a court look at it?

9 replies

Lipstickpowderandpaint · 01/11/2013 08:17

Mediation is a waste of time, my stbx is dictating everything:( since receiving the petition he has gone about hiding any assets he may have and hidden everything in legal agreements with family,it's quite obvious what he has done and it's to prevent me claiming anything, my question is if it goes to court now would a court look at it? Any advice appreciated:)

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purplewithred · 01/11/2013 08:22

I am not a lawyer but I have had two friends in this situation. In both cases it was obvious from the evidence that their xh had been squirrelling money away to prevent a fair split. The court definitely took this into account. But they both had evidence of the squirrelling and hiding - money moved into other accounts or trusts after the date of the split, that kind of thing.

Lipstickpowderandpaint · 01/11/2013 08:27

I have done nothing since the split, he however has quite clearly(all legal)moved large sums of money and the house had an agreement in place that I was unaware of that they have now added to since the split, theoretically to prevent me having anything to do with it or any claim on it:( thank you for that:)

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prh47bridge · 01/11/2013 09:19

If you can show that he has transferred assets to friends and family for free or for less than their true value the court will simply ignore the transfers and treat the assets as still being his.

Lipstickpowderandpaint · 01/11/2013 10:19

The main issue is the house, a 'loan' was given many years ago by a family member, now they want this back and it's accrued interest over the years so the amount is now as much as the house is worth-but it's all been done properly and legally but the bottom line is it's been done so I am unable to claim a fair share-I have to find somewhere for dcs and I to live!!

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lostdad · 01/11/2013 10:35

prh47bridge is entirely correct.

I haven't attended many hearings where someone hasn't tried to hide money or the like. Half-decent investigation will demonstrate this and anything hidden or not will be considered as an asset.

Lipstickpowderandpaint · 01/11/2013 11:09

Many thanks, made me feel a bit better:)

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Collaborate · 01/11/2013 11:18

Under s37 of the MCA 1973 the court can set aside dispositions at an undervalue. You need to apply to court for a financial order ASAP. He'll have to initially provide the last 12 months bank statements among other things.

Joy5 · 01/11/2013 22:30

I'm due in the family courts in January to try and sort the finances.

Already exchanged finances twice, soon to do it for a 3rd time. My ex claimed to not own a vehicle in the first two exchanges, he says it is borrowed. Except his bank statements show he puts petrol in one weekly, has replaced the tyres, and pays tax, he is also never seen without it unless hes in the pub.

Will it make any difference to the finances being sorted? I'm self rep as i can't afford a solicitor any longer, my ex with his large salary has a solicitor from a good company. Just worrying myself silly that hes hiding his most valuable asset.

Lipstickpowderandpaint · 02/11/2013 15:41

It's crap isn't it?:( try not to worry, I am told courts see it all and I am trying to believe it

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