A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Order to foreign bank to enforce bank statements disclosure

  • Destinyhelp
  • Destinyhelp's Avatar Posted by
  • Junior Member
  • Junior Member
More
18 Feb 21 #515846 by Destinyhelp
Topic started by Destinyhelp
Good day

I am going through financial relief proceedings. Unfortunately but unsurprisingly my stbx has tried to frustrate the proceedings at every turn. We have had the Directions Hearing and the court order has a number of directions for both of us but mainly for my stbx to comply with. His form E was piecemeal to say the least 100 questions to reply all approved by the judge.

My stbx has properties in Nigeria, company and bank accounts. He did not disclose his foreign bank accounts in the form E and this was raised in the questionnaire. He submitted doctored/ forged documents from Nigeria as part of his initial disclosure prior to the First Directions hearing. This was highlighted in my Position Statement.

My question is given the above concerns, I doubt any bank statements will reflect accurate transactions highly likely will be forged. He had significant in the region thousands of pounds of transactions that left his account to friends and family in the past 12 months (hint of money laundering?/ tax implications considering low dividends declared to HMRC ) and my reasonable assumptions is these monies have been routed to his accounts in Nigeria. Given his earlier conduct and continued bad conduct (requires another thread) Can I instruct my solicitor to apply for a specific Order for his bank in Nigeria with branches in London to disclose 12 months bank statements? Do courts have provisions for these sort of Orders? Of course another factor is will this international bank uphold a foreign Order?

Fyi - My solicitor plans to apply for Schedule of Deficiencies once replies are provided if inadequate as likely will be the case, Costs Order and Penal Notice to be attached to the orders.

Thank you very much in anticipation.

  • ConfusedCash
  • ConfusedCash's Avatar
  • Junior Member
  • Junior Member
More
22 Feb 21 #515866 by ConfusedCash
Reply from ConfusedCash
I don't have an answer to your question, but I'm in a similar position where my stbx has been sending money back to Nigeria for over a decade. I would be interested to hear how your first hearing went and what the judge said during your hearing. I have a hearing coming up in a month's time and we're getting ready to exchange form E's which I suspect will be a similar situation to your own.

Please do let me know of you get an answer to your question, even if it's from outside this forum. As I know my stbx's bank has a branch based here in the UK also.

Sorry I couldn't offer any help, but you're not alone in this situation.

  • Destinyhelp
  • Destinyhelp's Avatar Posted by
  • Junior Member
  • Junior Member
More
22 Feb 21 - 22 Feb 21 #515874 by Destinyhelp
Reply from Destinyhelp
Good morning

I contacted the bank and was advised :

Thank you for contacting XXX bank.

This is to acknowledge receipt of your mail​.

Kindly be informed that customer's statement of account can not be shared to a third party.

My solicitor in Lagos states the only other way is via injunction from Police in Nigeria but this will be very expensive.
Let's hope they submit accurate statements into the UK courts.

My First Directions Hearing went well. We exchanged form E about a month before the FD Hearing as Ordered by the court. We spent about 3 weeks with my solicitor and Account scrutinising his disclosure and came up with 100+ questions. We exchanged questionnaire a week before the First Directions Hearing. The judge basically agreed all the questions were not a fishing expedition we asked specific questions related to his transactions from his bank statements. The bank statements actually highlighted he had at least 2 other accounts not disclosed. The Order included assets valuation for both properties in England and Nigeria as well as ordering both of us to reply to all the questionnaires. I had 3 that were actually struck off as irrelevant. I only had 2 easy questions left to reply to.
If he does not respond to the questions by this weeks deadline then my solicitor is ready to file a Schedule of Deficiencies with a Penal Notice attached and Costs Order.

Knowing stbx, I am not holding my breath he will respond by the stated deadline. At least we are ready to file to the courts prompto. My solicitor put them on notice (good practice) so his solicitor is very much aware if we do not receive responses we are filing.

Please let me know if anything I can assist with.
Last edit: 22 Feb 21 by Destinyhelp. Reason: Name of bank.

  • ConfusedCash
  • ConfusedCash's Avatar
  • Junior Member
  • Junior Member
More
22 Feb 21 #515875 by ConfusedCash
Reply from ConfusedCash
Hi, thanks for getting back to me. How long did the judge give your stbxh to provide what was ordered? Have you been given a time frame or date, as to when your next hearing will be? And will your next hearing be used as a FDR?

In terms of the judges role in the hearing, what sort of questions did they ask and could they clearly tell that he was being a shadey character and untruthful? If possible could you tell me what the process was like at the hearing. The thought of it has been giving me sleepless nights etc.

Thank you.

  • Destinyhelp
  • Destinyhelp's Avatar Posted by
  • Junior Member
  • Junior Member
More
22 Feb 21 #515876 by Destinyhelp
Reply from Destinyhelp
Good day

We were given about 6 weeks deadline to respond to each others questionnaire. This was also directed in the Order amongst other areas such as deadline for valuation of family home in the UK and his properties in Nigeria. He is yet to provide the addresses and title deeds documents for the properties in Nigeria so valuations can be formally instructed. His back is against the wall.

I can only assume the judge could see through his disclosure hence the reason he simply stated though the questions are quite expansive he can 'see this is not a fishing expedition' and therefore ordered for all questions to be answered. The questions were very pointed and factual related to his banks transactions ' Can husband explain the purpose of XX thousands of pounds ' on the date X that was debited to xxxx and provide documentary evidence. He probably had 50+ questions of this nature.
The others were regarding his income needs that did not marry up to his supposedly low dividend income he declares to HMRC. If you say your monthly budget is £4K but your yearly dividend is say £2OK how does that add up???
The judge could see through it and hence ordered all questions are responded to.

Next FDR is scheduled in about 3 months time though given his bad conduct not sure if we will have it. My solicitor will file Schedule of Deficiencies, Costs Order which will likely mean an interim Hearing in next month or so.

Dont GIVE UP as long as you are on the right side of the law and are transparent with your disclosure, and fully equipped with all legal steps this site is a god send then justice will prevail. The court will be on your side. Judges have seen it all. Just ensure your evidence and questions are relevant and specific to his disclosure.

Please let me know if any further assistance.

  • ConfusedCash
  • ConfusedCash's Avatar
  • Junior Member
  • Junior Member
More
22 Feb 21 #515877 by ConfusedCash
Reply from ConfusedCash
Afternoon,

I note that you stated that you have a solicitor in Nigeria, has that been beneficial to you in any way? Your situation sounds similar to mine, my stbx is self employed and I know this will prove difficult with the form E's. My stbx has purposely added some friends as directors to the limited company so that he can claim that he doesn't solely own the business. Does your solicitor have an idea on when you could roughly have everything finalised by? It's reassuring to hear that the judge can see through all the rubbish they try and do.

  • Destinyhelp
  • Destinyhelp's Avatar Posted by
  • Junior Member
  • Junior Member
More
22 Feb 21 #515878 by Destinyhelp
Reply from Destinyhelp
Re: form E's as he is self employed, I used the services of a Charetered Accountant to pick holes in his Tax Returns/Filing with Companies House vs his bank statements transactions which appeared at odds with his declared dividends/salary. That will be useful for you.
Re: Timescales, it's a hard one as my stbxh is not exactly cooperating which means the next FDR hearing end of April will be at risk. There is no point is having an FDR hearing when we dont have full disclosure and answers to our questions. Before FDR, we must have the title deeds of properties in Nigeria and valuations, reasonable explanations of where his monies has gone to, disclosure of rest of missing bank statements etc. Without this information there is no point of having the FDR to negotiate settlement. Once my solicitor files for Schedule of Deficiencies, Costs Orders and attachment of Penal Notice that should start to enforce some discipline from him. We will likely have an interim Hearing around March/early April before FDR to close out issues we are facing with his bad conduct.

I expect our FDR to be rescheduled from end of April to June/July as a result.

My solicitor in Nigeria has been very helpful gathered some useful documents and also produced letters in defense to some frivolous reasons my stbxh was giving about some lands he claims to have mysteriously disappeared...

He hates me no doubt never thought I would have the financial muscle and sheer determination to challenge him through the courts.

Next steps if he does not respond FULLY to the 100+ questions : solictor will file Schedule of Deficiencies, Costs Order and Penal Notice to be attached to the Orders which may mean Part 25 Interim Hearing in the next month.

Please let me know if your require any further assistance.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11