Bankruptcy family law property

[Kiwigirl]

Hello all.. does anyone know the rights of Non Bankrupt spouse..
ex became bankrupt over 3 years ago but now finding out he may have hidden assets/Trust of which I was never aware of
He Won't provide financial disclosure yet has still requested property settlement
I'm told I have no power to supbaena him for Trust asset disclosure as it vests on the Bankruptcy to do this
I'm just meant to pay up 5 year relationship all my own properties and me paying all mortgages
While he continues to hide assets
Any suggestions

 

[Rod]

I'm told I have no power to supbaena him for Trust asset disclosure

Who told you this?

What makes you think there are hidden assets? A Family Court has the power to break open trust deeds so I'm unclear why you think you will have troubles.

 

[Kiwigirl]

The reason I think it's hidden is because he refuses to disclose.. and refuses to disclose any bank records during his bankruptcy period.
According to the barrister in mediation if anything is hidden it's up to the Trustee to find it..
So I'm left with negotiating a ridiculous pay out figure without his side of the property pool

 

[Rod]

Trustee has a duty to find assets, but you can subpoena records yourself. Your solicitor should be able to advise you how to go about this.

 

[Kiwigirl]

For some reason my solicitor is reluctant to chase up any possible hidden assets due to his bankruptcy
I have till Monday to accept their high offer I have to pay them or they will also go for Costs if the offer is higher at final hearing
I believe I have a strong case if it's proven he in fact has been hiding money through a Trust not only from me but from Bankruptcy

 

[Kiwigirl]

Also, have i legal right to supbaena records that the Trustee is vested in?

 

[Rod]

have i legal right to supbaena records that the Trustee is vested in?

Where they are relevant to your case, yes.

If you decide to settle make sure there is a clause saying if any assets over $x currently in ex's possession have not been disclosed then the agreement is null and void due to non-disclosure/fraud.

I'd have thought that it is reasonable not to accept an offer before full disclosure has been made.

For some reason my solicitor is reluctant to chase up any possible hidden assets due to his bankruptcy

You should push harder. It is your money at stake here, not the solicitors.

 

[Kiwigirl]

Thanks for that! My lawyer is not keen for some reason to push saying the Trustee is responsible to search for this but it's totally affected the property pool and I could lose my house if I accepted this ridiculous offer which by the way once it lapses I pay costs if courts offer end up equal or higher..
He went bankrupt at the start of our relationship and I believe it was to reduce his then property pool with former partner.
Now I find out he had a Trust but he said it was not active at the time of bankruptcy, however when I googled his details online it's says he cancelled it last year then 2 days later he texts me saying he's taking legal action for $$ which were all my properties and me paying mortgages and all utilities.

Does that also mean if he had committed fraud , at the time he placed caveats it would not apply?
And only Trustee would have that right?
Sooo complicated sorry