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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 12-22-2010, 10:40 PM
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Default Forged bank documents

Okay, I'll try to keep this short but I'm really frustrated...

My ex turned up at our 2nd TMC with some international banking documents (he was ordered to produce but got them in late) claiming he had all kinds of money before we were married and spent it before he immigrated here to Canada. If this were to be believe, he'd owe me no equalization payment and I'd buy him out of the matrimonial home completely. Problem is, he never had any money and I don't think anyone else in his family had this amount of money so I'm pretty sure the bank statements are forged. I tried to settle regardless to no avail - he wants to go to trial (and 8 days at that -we do not have much money at stake here...).

Here's the funny thing. The documents produced show on bank statements that he had a bunch of money in 2005 and that it was dwindled to essentially zero the week before he immigrated to Canada (no statements in between). It's amazing but he then shows a photocopy of page 5 of a bank passbook showing a withdrawal of some $1,000, leaving about $4,000 in the account when he'd never been back in his home country to either put the money back in OR even on the date of his withdrawal???? How does that happen? Someone using his account? No idea what these shenanigans are about.

We're definitely headed to trial as he cannot be reasonable (he keeps claiming I knew about this money, which I did not, I financed the entire year we lived together in his country). My question is, if I cannot get him to elaborate on this information, and cannot get him to sign a release to validate directly with the bank, what is the likelihood that a judge would disbelieve his foreign document? We're talking about Africa here and everything is for sale although I'm quite certain a judge wouldn't know that. He claims this was for an inheritance....

Any thoughts....I'm really frustrated that his constant lies are accepted - I know the truth and I just can't belive the truth doesn't at some point prevail...Guess I'm still a little naive - quickly losing it though.

Much appreciated.
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Old 12-23-2010, 03:05 AM
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Mominneed, I really don't know what to do about the money situation. Maybe advise your lawyer of your concerns and call him out at the trial.

The point that struck me though was the comment about his lies. I have been there and all I can tell you is that in the end the truth does prevail and there is still justice. Sometimes however you have to wait for it. Don't lose it please. Just stay calm and focus on your objective. Don't forget to treat yourself right throught the process as well too!

Good luck!
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Old 12-23-2010, 09:03 AM
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I'm afraid all you can do is address the discrepancies at Trial, however, the costs of the Trial which most likely one of the parties will be accountable will surpass the amounts in dispute.
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Old 12-23-2010, 10:43 AM
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Thanks msrb - I needed that reminder today. I just don't feel like there is justice at all.

Logical, the problem is that x will not settle period. He's enjoying this little game and has no assets to actually lose. He had nothing when we met/married and he's well into debt now (marriage was less than 5 years). His old lawyer will not release his file because of non-payment, he's got a criminal trial coming up next year, he may be deported if convicted of the criminal charges etc, etc. If he's not willing to settle for anything, I've got no choice but to go to trial. However, trial is now 11 months away - eating up money as I go. He's at the moment self-rep but claims he'll be getting a new lawyer soon. FRO hasn't yet caught up to him, so I'm not even receiving the measly $200/month he's been ordered to pay in child support.

Can't particularly afford to go to trial but don't seem to have a choice. I'm just worried that a judge would believe all of this crap......
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