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Assets abroad

  • Davdan
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10 May 18 #501533 by Davdan
Topic started by Davdan
Hi everyone
Hope you can help

How could one prove that one party has assets (including property) abroad?
If it is mentioned in form E, what evidence needed?

Many thanks in advance for your help

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11 May 18 #501573 by Davdan
Reply from Davdan
Any thought please?

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11 May 18 #501575 by spinit
Reply from spinit
Could you clear up when you say

"If it is mentioned in form E, what evidence needed?"

Did you mean to say "If it isn't".

If you know where the property is you can look at the local property register and get a copy of it for that property. If you are not sure where it is you could start with Facebook see what's been posted there, often those images are geotagged.

For other assets if you cannot trace financial transactions to banks abroad from UK accounts that have already been disclosed and whose statements you have been provided with then do you know the bank company as you could ask the court to order your ex to write a letter to the bank manager asking for a full description of assets they hold.

If you don't know the company then in the UK everyone has a credit record with one of three credit reference agencies and you could ask the court to order your ex to provide a copy of their credit record. In the UK this will list all bank current accounts held or closed within the last five years as in accounts that held some kind of overdraft facility. There is a second section on a credit record that contains KYC searches from the last two years so this will be insurance companies, investment companies or peer to peer savings companies basically companies that handle finances but don't offer credit but they still need to do the Know Your Client searches. I would image most countries that offer credit to people as in most countries in the world will have a similar system that you could ask the court to order your ex to provide.

One thing to bear in mind is the presumption is that everyone is making full financial disclosure so the court doesn't like to do too much investigating however if you have an order made up based on what is declared and some time later you find proof your ex lied it does invalidate the order, there are many precedents that have show this were people have appealed orders from years before because they found out some significant information later with I think one case where the ex-husband was imprisoned for fraud in an unrelated case and it came out in the criminal investigation that he had lied on his form E and his ex-wife successfully challenged the original order and got a lot more while he was sitting in prison.

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11 May 18 #501582 by Davdan
Reply from Davdan
Dear Spinit

Many thanks for your reply.

I mean if extb did not put in his form E, how do I challenge it. For example property in non-euroupian country which cannot even trace the address.

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12 May 18 #501588 by spinit
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You will have to get creative and turn detective.

In the UK we have websites such as www.192.com which I think might do other countries as well but maybe there is an equivilant in the country you are looking in. This lists the electoral roll, council tax payments and any county court judgements for a person and a property.

Depending on how much time and effort you want to put in this is how I would do it. First off I would look at their facebook profile and list out their family and friends. I would review other social media for any of those family and friends to build up a picture of where this person lives and where their family lives as your ex is unlikely to purchases a property somewhere where they have no family or friends or never go on holiday there.

After I had narrowed down a few cities I would search on 192.com under their name in that city to see if they are connected to any properties. You will likely get some false positives depending on how unique their name is and you would need to cross reference this information with the information from facebook or other social media. As in maybe there are ten John Smith's in Birmingham, 192.com will give you their age as well so you can narrow that down but say there is ten well you would need to cross reference those ten with other social media feeds for those ten John Smiths in Birmingham who are the same age as your ex husband.

So it may take you some time and maybe you can think of a better way like messaging on facebook a relative of his who you know don't like each other and ask them directly.

I can think of a lot of different ways of getting the information and I think you just need to start thinking creatively as to which is the easiest and most likely to succeed and start there.

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