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QLD Property Settlement - Ex won't Disclose Details about Marital Assets

Discussion in 'Family Law Forum' started by Tamsin, 10 May 2015.

  1. Tamsin

    Tamsin Well-Known Member

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    Hi everyone. When my marriage broke down my ex took all of our savings, the car, the house, and I had to flee with the kids due to domestic violence.

    We were in court in September last year when I had filed for a property settlement, and I gave as much detail as I could about our assets. I had estimated their worth to be about $200k but that was just a guess. I had asked my ex for a lot of info under the duty of disclosure rules but he didn't produce any of it. He failed to file one single bit of evidence about our assets and just filed an application for half of everything I had taken with me when I left. The judge said he had to give him the opportunity to file some evidence for his claims, and told him exactly what he needed to do, which included complying with the duty of disclosure rules in the run up to our next hearing.

    We are back in court next month for another try. he STILL hasn't given me a single piece of the info he was supposed to so I don't have any idea how much our assets are actually worth. Instead of filing evidence about anything he has sold our house and claimed to have spent the money on a loan. Now he is leaving the country in two months time. I am so worried that we will be in court again and the judge will still not have a single idea what our assets are worth so he wont be able to split them properly. And then when my ex leaves I wont have a chance of getting a penny of anything!

    I'm self litigating as I don't have the money for a lawyer and got refused Legal aid. Should I ask the court for permission to subpoena his financial records or is it too late for that? Also, should I make what I consider to be a reasonable offer for him to settle with me out of court?

    I know he wont accept as he claims I'm not entitled to anything due to having been a SAHM while he worked, but would making the offer still be a step in the process I should take?

    Thanks everyone
     
    Nick Handson likes this.
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Tamsin,

    You could try doing that. You could also place a caveat on any other undisposed assets so that he cannot sell them without your notice and consent first. You could also think about a freezing order over his assets or order to prevent your ex from leaving the country. These are just some options. You will need to look into each one and consider whether it is appropriate for your particular situation. Given your ex is not cooperating and you have little time (and options), it is recommended you seek a family lawyer. Some firms have free 30 minute preliminary consultations. You could shop around and find one that is affordable. Your situation is quickly becoming difficult and unmanageable as a self-litigant, so think about whether you can afford the time to be researching options and procedures yourself. Alternatively, have you tried your local community legal centre or the Woman's Legal Service QLD?
     
  3. Tina Curtis

    Tina Curtis Member

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    Hi Tamsin,
    I came across your post and I am currently going through the same thing with my ex. Would you be able to give us a update regards to your property settlement situation?

    Thanks
     
  4. Tamsin

    Tamsin Well-Known Member

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    Hi!
    Last time we were in court the property did not get mentioned as we had urgent children's issues that eclipsed the whole thing. My ex has been trying to leave the country with them for a while now and so all we had time for at the last update was an order for the children to be kept here with me.

    Last week we had a mention with the registrar about the property, and he decided we should go to a 'financial conference' this coming Thursday to try and get a handle on the property. He told my ex he must produce all the evidence he has still up to now failed kept to himself. Since my ex did not leave the country when he intended, he is now just staying here with no job and is living off our assets. The registrar told me that if there is nothing left to divide then that is that. This obviously makes me furious.
    Wish I had more positive information for you if you are going through similar but I don't!
     

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