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
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