SA Partial financial disclosure

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Joe Black

Well-Known Member
9 January 2019
45
6
154
Hi,
I am currently on the financial settlement part of the divorce. The other side requested financial disclosure, of which I provided. When I requested financial disclosure her lawyer sent a partial one. It listed approximate values of her asserts despite my requests for valuations. An example being they requested a Red Book valuation of my car, but did not provide one. The valuation of gold bullion was under $250.
Additionally her additional jobs have not been declared or her other bank accounts.
He lawyers reply is that this is assumed knowledge thus does not need disclosure.
I am self reping as I can not afford a lawyer.
Realistically, what can I do?
 

Atticus

Well-Known Member
6 February 2019
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294
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Is this just mediation, or exchange of information leading up to mediation or has a property settlement application actually been filed with the court?
 

Joe Black

Well-Known Member
9 January 2019
45
6
154
this is exchange of info leading to mediation.
regarding offers, they requested a 70% of the house and 50% of the pension, both of which I have agreed to but now they seem to be changing their minds.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
There are actual rules around full & frank disclosure in financial cases however as nothing has yet been filed they are not technically in breach of any rule... That said, in the interests of fairness & both sides making a genuine effort to reach an agreement (as per pre action requirements) if you are fairly certain that there are assets/finances etc that are not being disclosed that may have an influence on the end result, then you are within your rights to insist they be disclosed officially
He lawyers reply is that this is assumed knowledge thus does not need disclosure.
Never heard of that one.. who decides what is 'assumed knowledge'...

70% of the house seems like a lot... as a self rep you may be doing yourself a disservice to not get some actual solid legal opinion on what each parties likely just & equitable share is given all the circumstances, & there are many... A few hundred dollars or so to sit down with a solicitor with all the facts & figures is going to be money well spent & may save you thousands.... You can still self rep if you wish but at least you'll then have some solid legal opinion & a figure to work with