I'm at the stage now of having to do a financial disclosure. Ex husband is claiming that I have got numerous shares,bank accounts held by my mother and various pensions. All of this is just a load of ********, and wishful thinking on his part. I think he is hoping that I have got assets of £30,000 to offset the money that he transferred out of our joint account and did god knows what with. (see previous post) My question is- is it my responsibility to prove that I don't have these assets or does he have to prove that I do. Also will he have to prove what these supposed joint debts were ( again see previous post) Surely it will not be enough just to show that the money was used to pay off credit cards, could he be maid to provide all his credit card statements to show exactly what he has used his credit cards for, because I can almost guarantee that they were not used for anything that benefitted me or the kids and he certainly never let me see his credit card statements so he obviously didn,t want me to know what he was spending money on.
When these claims of hidden assets are discussed in court then the court will make a decision based on what it believes is most likely to be the truth. The standard of proof is not the same high standard as for criminal cases. However - for the court to take hidden assets into account they would need to see some fairly convincing evidence from him that points to there being such assets (such as unaccounted for transfers/withdrawals from your main bank account). If they don't exist then he will find it extremely difficult/impossible to convince the court that they do. The onus is on him to prove they exist.
Regarding the 30k he spent - yes you can request that he discloses two years statements for all his bank accounts and credit cards - just request them via an application for disclosure to the court.
One small tip: if writing the disclosure question yourself say something like:
"I request that XXX provides details of all bank accounts and credit card accounts in which he has an interest, whether in his own name or that of someone else. I request that he provide details statements showing all transactions since May 2005 for each of these accounts."
That way he has to disclose alll accounts including those in his girlfriends name (if he has one).