NSW False Statements on Assets During Divorce - Consequences?

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FeistyMouse

Member
22 February 2017
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1
1
If a party to a divorce has made a false and misleading statement about his or her assets in a divorce proceeding; and the divorce is final (10 years plus old); if evidence can be produced to show that the statements were false (and that the party knew at the time that they were false) what actions if any can be taken by:

1. the other party to the divorce?
2. a 3rd party?
3. NSW Govt or some other Govt agency?

Thank you.
 
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Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
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Sydney, NSW
www.neatlaw.com.au
If there was a property settlement, the property settlement can be potentially waived.

The party who lied to the court could also be found to be in contempt of court.

You better have some solid evidence to back up your claim.

Is there money worth fighting for?
 
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Marge

Active Member
1 January 2017
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Y
If there was a property settlement, the property settlement can be potentially waived.

The party who lied to the court could also be found to be in contempt of court.

You better have some solid evidence to back up your claim.
Yes, there is money worth fighting for. Property settlement has not been done. Mother will only let father see infant son for 2 hours every third Sunday (her idea) and stays while father sees his son. He is a good man and wants to see his son more. Both parties have court date to discuss. Will anything be decided on that day regarding better visitation for the father?, Mother has lied about father in 19 page Affidavit full of lies.

My son (father) has kept journal and has answers for all her allegations. Fathers'side of family have not even met his son (who is now 18 months old). Surely she should be punished in some way because of all this?

Thank you, I will be grateful to hear any answers as I am feeling worried about outcome and hope Father gets more time with his son.
 
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Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
Surely she should be punished in some way because of all this?

Marge - there is no 'punishment' for people who do this.

Who has started the court application?

Is the court application just in reference to the property split or to the children as well?
 

Marge

Active Member
1 January 2017
6
2
34
Marge - there is no 'punishment' for people who do this.

Who has started the court application?

Is the court application just in reference to the property split or to the children as well?
The mother started it with Affidavit literally just criticising the Father's character. He now has replied and his solicitor advised him of court date. I don't know if any property settlement will be sorted on the day or if it is about the visitation of Father to see his son.

I hope it sorts out the totally unfair issue of visitation as the Father has a right to see him more often and none of our side of the family have even met the toddler. I am his grandmother and have only seen him four times very briefly for about 2 hours with the mother sitting only a few feet away. Do you think this will be dealt with on day of court?

The mother would not try to work out a reasonable outcome as suggested by the father-she said right for beginning that the court would decide, and the father is very reasonable and good honest man.