Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 06-05-2015, 06:52 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

Intentional depletion of matrimonial assets is an interesting topic. She would have to show malicious and or intentional actions on your part. Uphill slope for sure.

If the two of you were merely big spenders then that's water under the bridge. I would think that her lawyer would focus primarily on assets at and since separation.
Reply With Quote
  #12 (permalink)  
Old 06-05-2015, 08:28 PM
Senior Member
 
Join Date: Apr 2011
Posts: 2,809
Pursuinghappiness will become famous soon enough
Default

Quote:
For the period in question both of us were gainfully employed. She is of the view that unless I can account for the money she'll charge me with fraud.
Tell her that you spent most of the money on hookers and blow...lol.

Seriously though...like others have said, its probably something you can ignore unless we're talking about very large sums of money spent on something unusual.

For instance, there have been cases where there has been unequitable distribution of equalization payments due to massive squandering of marital funds...ie, serious gambling addictions, serious drug addictions but that wouldn't apply to normal withdrawals made from a checking/savings account.

What is she trying to suggest you spent the money on?
Reply With Quote
  #13 (permalink)  
Old 06-10-2015, 04:39 PM
Member
 
Join Date: Jan 2015
Posts: 82
Mike62 is on a distinguished road
Default

Thank you everyone.

My take is it's all about relevance to the issues in dispute. There aren't any. My approach will be to see the threat as a pressure tactic.
Reply With Quote
  #14 (permalink)  
Old 06-11-2015, 10:08 AM
Senior Member
 
Join Date: Jan 2012
Location: Ottawa, ON
Posts: 994
FightingForFamily will become famous soon enough
Default

Short of dispensing of marital assets there's little reason to spend much time or money examining the finances this way.

It's useful for the financial statement to be able to say that when you married your net worth was X, when you separated it was Y.

That's part of NFP.
Reply With Quote
  #15 (permalink)  
Old 06-11-2015, 10:40 AM
Janibel's Avatar
Senior Member
 
Join Date: Jun 2013
Location: Way up North
Posts: 1,496
Janibel will become famous soon enough
Default

Quote:
Originally Posted by Mike62 View Post
I separated in 2014 and am working with former spouse on a separation agreement. She is poring through bank statements going back ten years.

She is wasting her time and her lawyers by going back 10 years - this will not do her any good. All that matters now is your net worth at time of separation. Courts will use the average of the last 3 years at most.


She wants explanations for each withdrawal from an ATM. That's tough to do. I can account for some, but for most I can’t.


What she wants Vs what she has a legal right to expect of you are two separate matters .... I would simply ignore these demands.

For the period in question both of us were gainfully employed. She is of the view that unless I can account for the money she'll charge me with fraud.

This is obviously a pressure tactic to wear you down into to signing some lopsided agreement - charging someone with fraud is both expensive to prove and mostly unheard of in family court. Unless you two own some kind of business together? (Ask Arabian about how difficult fraud is to prove in court - and she had tons of serious evidence).

Do I need to defend/explain each withdrawal?

Absolutely not! this is a simple matter of intimidation. The onus is on her to prove any wrongdoing on your part (ATM withdrawals ? really lol) Ignore this BS and let her lawyer waste all of HER money on this ridiculous claim.

Your Ex is attempting to push you into a defensive mind-set, where you feel the need to explain your every action ... this is a fairly common tactic.
Legal wise, she is blowing smoke ...

Thank you.
You're welcome
Reply With Quote
  #16 (permalink)  
Old 06-11-2015, 12:20 PM
Member
 
Join Date: Jan 2015
Posts: 82
Mike62 is on a distinguished road
Default

You're right I was being worn down. And, it was a result of my choosing. Why? I bought into her story that I owed her. No longer do I think that thanks to the feedback provided.
Reply With Quote
  #17 (permalink)  
Old 06-12-2015, 07:06 AM
Senior Member
 
Join Date: Mar 2014
Posts: 363
Headwaters1 is on a distinguished road
Default

In the words of Nancy Reagan ... "Just say No"
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Undisclosed bank accounts FS-CV Financial Issues 8 11-22-2013 10:43 AM
Bank Accounts FB_ Parenting Issues 24 09-17-2013 11:46 AM
FRO Bank Garnishment ResponsibleMom Financial Issues 10 05-28-2011 09:51 AM
FRO Bank garnishment~ Your not going to believe this. supar3 Divorce & Family Law 11 06-11-2010 09:11 PM
Bank Garnishment~confused supar3 Divorce & Family Law 7 06-03-2010 03:11 PM


All times are GMT -4. The time now is 03:13 AM.