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non compliance

  • Buddy22
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4 years 10 months ago #470346 by Buddy22
non compliance was created by Buddy22
Hi

My ex has not complied with the last court order and argued in the last FDR (which was a waste of time as I don''t have her information) the previous judge had said she didn''t have to supply the details - which is not true.

I have asked for copies of her bank statements going back to June 2011, as there are substantial amounts of monies missing - I believe hidden in her mother and daughters accounts.

If I can prove that she has continuously lied and hidden money from me and the court, what will the courts do? Will the put an order for her to pay my costs, as she has been purposely dragging things out. Will they be more lenient with me, and be hard on her???

Thanks

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4 years 10 months ago #470349 by Deborah66
Replied by Deborah66 on topic Re:non compliance
If you get the bank statements, how are you going to prove they were transferred to the mother''s or daughter''s accounts or even that the money is still there?

Where someone has transferred assets to defeat a claim, and that can be proven evidentially, an argument can be presented to say that the assets should be added back to the matrimonial assets as if the transfer had not taken place. So can affect overall division of assets. Every case is different and depends upon the other assets involved and the s25 Matrimonial Causes Act factors as to how much it affects division.

Again if proven evidentially, it can be conduct during the proceedings and you could raise an issue of her paying your costs of the proceedings, limited costs though if you are self repping.

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4 years 10 months ago #470372 by Buddy22
Replied by Buddy22 on topic Re:non compliance
Thank you for your reply.

We will be able to see the transfers going out of her account. She said she had ''borrowed'' £38247.87 off our 18 year old daughter!!! Firstly, why borrow an exact amount (which was £7k more than she required), secondly how does an 18 year old obtain that much money and thirdly I KNOW she only had £12k which she herself admitted she had spent a lot of on Uni fees and driving lessons. I have worked out, knowing her income and the ISA allowances that she had at least £50k more than she stated!! She also said she ''borrowed'' £18461.27 off her mother, this account was closed immediately after taking out that money - which was every penny in the account!! I also know that her mother did not have that amount of money. She also admitted that £5940 which was deposited in that account was her own - so not all of it was borrowed then????? Everything she says in court is b******t!! and even not stating the same thing each time...

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4 years 10 months ago #470373 by Buddy22
Replied by Buddy22 on topic Re:non compliance
oohh

and forgot to say, the money will still be there somewhere, she never spends a penny of her own money if she can help it!!! That is how she managed to save so much!!

Thanks in advance

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