Financial distrust is often central to the breakdown of a relationship. When dividing the assets, one or both parties may disagree with what the law requires and feel that they are being treated unfairly. Financial proceedings in the Family Courts can be emotionally charged. Some parties are tempted to lie about their finances to gain an advantage or get what they think is a fair outcome.
At Caroline Counsel Family Lawyers we often assist clients who are worried that their former partner has lied about their finances or hidden their financial activity.
There are countless financial institutions, fund managers, brokers and others destinations in Australia and overseas, where funds can be concealed, sometimes for long periods.
Caroline Counsel Family Lawyers applies strategies tailored to your financial arrangements and your former partner’s financial behaviour.
In all financial cases, both parties have a duty to make full and frank financial disclosure to each other at all times until a settlement or judgment is reached.
If your former partner has a lawyer they must advise him or her of the duty, that it is ongoing, and the consequences if it is breached. In most cases, your former partner will not tell their own lawyer if they are lying about their money, as their lawyer may be unable to act for them further.
We demand full and frank financial disclosure of all of your former partner’s financial affairs and follow the paper trail to the missing pieces of the puzzle.
If your matter is in the Family Courts, Caroline Counsel Family Lawyers can deploy a variety of tools including subpoena of witnesses and financial records, even if your former partner refuses to provide those records according to their duty at law.
Some cases require a forensic accountant who will work with you and your legal team to execute the best strategy without alerting your former partner.
If you find out after a settlement has been reached, that your husband or wife has hidden money or assets, you may be able to ask the Family Courts to reopen the case. For more on this subject, see our blog post “Can I get more money if my ex lies to me or the Family Court?“
If you are worried that your former partner has lied about their finances you or would like more information in relation to your specific circumstances please contact our office to make an appointment on 9320 3900 or email [email protected].
The information in this blog does not constitute legal advice and cannot be relied upon by you. If you require advice specific to your situation you must contact Caroline Counsel Family Lawyers for legal advice. The contents of this blog are relevant as at 27 March 2018. We recommend you obtain specific advice relevant to you and your family’s situation.
By James Moore and Caroline Counsel