NSW Property Settlement - what if ex doesnt disclose full financials

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elena2468

Member
26 March 2018
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hi there,

This year marks my supposedly 4 decades long wedding anniversary but this year I have discovered my husband has another secret family and has spent our wedding anniversary day with the mistress and illegimate child telling me its another long busy business trip. So I am at the stage ready for a separation and divorce. As I have had enough. I have been given advice that its best to confront him face to face and also see if we can agree on a property settlement first but I am also scared.

I have been trying to read up about property settlement and disclosing full financial disclosure. I have found out my husband has been siphoning over many many years cash out of our different accounts and has been taking it overseas. He has also secretly bought assets and things overseas for this other lady on my shocked discovery.

So my question is, as he is still keeping his double life a secret from me and the rest of our children, when I serve him the divorce papers when he comes back and start engaging in a property settlement - then as this man's personality is already full of deceit and lies, if he provides the Australian financials for disclosure but not disclose other overseas assets/property financials? what happens then?

I have asked around and as it is a different jurisdiction it is hard to go over there and demand the information from overseas jurisdictions. Has anyone had any experience if some of your marital money was taken by one of your spouses overseas and they apparently "gifted" money or assets to another party ie in particular a mistress (non australian)?

Is there any Australian family law to demand the overseas financial information be provided? As he is a very cunning and clever man and would hide anything that would be an advantage to me. what if he put assets under the lady's name and not his name? It makes it very difficult to get a fair property settlement and I will be at a loss as my husband has always been in charge of all the money and I am already retired with little to no funds.

Also I want to stay living in our principal place of property but without him living with me. My kids are grown up so it would just be me and him. Knowing him, he wont spend his own money to rent somewhere else, has anyone managed to get their ex to not live with them successfully? Is there any family law to get exclusivity of the property? As I don't want him to bring his 2nd family to stay in our house or hear him openly video chat the family everyday as that would kill me mentally before any property settlement happens.

Appreciate all the help or suggestions.
 

Rod

Lawyer
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27 May 2014
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Get as much information about other assets as you can before initiating a split.

You are right as it will be hard to account for resources he has siphoned away. Carefully get what evidence you can now before he makes things even harder to discover. Knowing the country and the mistress name may help. Access to his PC and mail can help a lot.

BTW do not disclose at an early stage you have this information. It should only be revealed after a declaration of assets from him.