full financial disclosure?

[beltane]

Does anyone know what is required for full financial disclosure?

My STBX's lawyer is requesting my bank statements ...is she allowed to do that?

[Grace]

Yes, you have to disclose everything to the other side, including bank statements. All numbers on your Financial Statement & your Net Family Property Forms should be backed up by "paper".

[beltane]

She wants an entire year's worth of bank statements... can she do that? or just the recent one...

[Grace]

Beltane, from your earlier posts you have been separated for a few years. Yes, they can ask for the entire year of bank statements. Full financial disclosure is required under the law. And yes, every single expense on your bank statement will be scrutinized by your ex's lawyers.

If you don't give "the other side" the disclosure they can get a court order for it, and you will most likely be paying their court costs. So give them what they want in a timely manner, and be prepared to justify every expense.

Good Luck

[Decent Dad]

Oh and make copies of everything. I have given my ex AND her lawyer multiple copies of the same statements (some items as much as six times). I just keep doing it and in a timely manner. It is abusive (both of me and THE SYSTEM) but it prevents them from having ANY ammunition against me in court. Judges hate when you are "hiding" something. Best to be up and up since they will get it anyway. Eventually a judge may go "Enough already".

I have boxes of bank statements, biils, credit card statements, every single reciept I spent on my child, etc. As well as logs, witness statements and more. It completely sucks and evenutally this nightmare will end. But when you have to prove yourself in court, it helps t have a complete and proper paper trail.

[beltane]

I've been searching high and low on the internet to find the legal sections that state that a year's worth of bank statements is part of full financial disclosure.

My STBX has a lawyer, but hates using her because of course it costs him money. I am more than willing to disclose my bank statements, but when I mentioned to him that he will have to do likewise he is now saying he will absolutely NOT. I told him to check with his lawyer and find out that it is required, but of course he won't call her because it will cost him money.

Is there a place on the web that states that past bank statements are part of full financial disclosure? I've looked everywhere and all it ever says is "full financial disclosure" but doesn't state specifically WHAT that entails, and certainly I haven't found past bank statements mentioned at all...

Any help?

I will speak with my lawyer later in the week, but I find it incredibly frustrating to have to go to her each time HE refuses to get counsel from his own lawyer. I end up finding the information for him from MY lawyer, and then educating HIM.

grrrrrrrrrrrrrrrrrrrrr...

[Grace]

The Family Rules (Ontario e-laws Ontario Regulation 114/99) require each spouse to produce a sworn Financial Statement. The statement involves disclosure of all assets and debts with values as they existed at the date of marriage, at the date of separation and at the statement date. Each party is expected to be able to document each of the entries in the statement and where necessary, to obtain appraisals of the value of assets. In order to back up your FS you would need bank statements.

Ontario Judges show little patience with parties who fail to make full and complete financial disclosure.

[beltane]

Thanks Grace! This man is SO frustrating! He had the gall to say he didn't HAVE a bank account on his sworn financial disclosure... meanwhile I have cheques from him on this "mystery" account, AND the photocopy of his recent pay stub says "deposit" and lists his bank account transit number and account number, which is the same as the cheques I have from him!

grrrrr... now he's telling me that if I insist on requesting HIS bank statements (it was his lawyer who started this) that he will fire his lawyer, represent himself and drag this out. SO frustrating!

Obviously something's fishy...

[Grace]

I hear your frustration. Same thing happened to me. Our whole case was based on ex's failure to disclose. On the up side, if you have proof he isn't fully disclosing you will most likely get court costs.

Have you done "discoveries" yet, where the lawyers question you under oath? This would be a good opportunity to question him about his finances.

[beltane]

No, haven't got to that point yet... but this man has no problem lying under oath. He already has 2 convictions for embezzlement over $5,000.00. He's done time in prison for that. So to see him scrambling to get out of child support and spousal support isn't such a far stretch for him. God help me!