Has anyone had any experience trying to finalize a financial separation where your ex refuses to disclose?
My ex has ignored the 14 day disclouse request from my lawyer so now it appears I’ll have to request information via the courts. Any idea how long this takes? Any advice on this process?
The only way through at this stage is the courts. I think there is a way you can prove that the reason it has ended up in court is due to his non-disclosure. This will put the judge against him as he is basically wasting everyone’s time and he will have to pay all the court costs.
You’re best to chat to a legal rep about this but it takes a long time and is really expensive to get through the family courts .. especially now with covid. I last heard they where only taking urgent cases i.e. DV. I don’t think they’d see a stubborn ex as an urgent case!!
You could get your lawyer to write a letter stating that he/she has been given instructions to subpoena his financial records…the threat might be enough for him to disclose but if you actually have to issue a subpoena, it’ll cost you financially. The only way you’ll recover costs that have been incurred as a result of his non-disclosure is before a judge who issues him with a “costs order” (order to pay the costs you’ve incurred as a result of his non-disclosure). Unfortunately, non-disclosure is a common occurrence in property cases and I would argue, a form of financial abuse that perpetrators are rarely held accountable for because they end up settling before it gets before a judge whilst you’re still left with the costs incurred. Your lawyer should be able to give you info re cost of going to Court, approx time frames etc.
Look up “legal barriers to economic equality after family violence”. It’ll link you to a relevant paper from Women’s Legal Service and you might get some ideas
You lawyer should be able to suggest something for you. Most lawyers will do whatever they can to keep you out of court. As a couple of people have suggested, if this does go to court, he will be liable for the costs, so making him aware of that might encourage him to do the right thing.
I’m in the same position, separated almost 18 months ago. Ex Ignored 3 letters from my lawyer.., so the next step was go to court.., mean while the value of the property has increased 10% in 12 months..which I’d like to buy his share…, it’s FINANCIAL ABUSE at its finest
Ex, hasn’t contributed financially . I have 100% care of two young children, I’m working casual to help pay the joint mortgage and related expenses so we don’t end up homeless. Meanwhile he has repartened, has a capacity to earn $130k pa, and pays $1 day child support, with a CS dept $15k. I can’t afford to go to court!…,
Any ideas 🤷🏻♀️🥲 I don’t have the time or energy to deal with such a childish looser! I think I’ll just continue on my merry way…