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  • #16
    Thank you Beebie. I know the accounts were opened. He left me and our very young children at the Miami airport while he flew to Grand Cayman. Of course I wasn't there to see him sign the papers.

    Let's hope he does admit to the off-shore accounts. It might save me a bit of trouble.

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    • #17
      I would use a forensic accountant if necessary. He might have dissipated matrimonial monies/ properties or have multiple other accounts or properties abroad. Lots of men do this to get around matrimonial property distribution within Canada. You can ask for his bank account records through your lawyer and try to trace the assets. I wouldn't listen to people who say not to. You are in the best position to know if there is any point.

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      • #18
        Yes, I have often thought of using the services of a forensic accountant. Last week my lawyer did ask for his bank account records, and we're waiting for that information.

        No matter what others say, I've truly felt I need to pursue this off-shore account issue. We've been married for 43 years, living apart for over one year. My to be ex was a man who essentially lived in his own world, but after all those years of living with him, I do know him, in more ways than he realizes.

        Thanks for the validation Beebie.
        Last edited by caranna; 11-01-2012, 01:08 AM. Reason: clarification

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        • #19
          The low end of the cost of a forensic accountant to go over, say, 5 years of books would be $10-25k. If you are talking about the possibility of hundreds of thousands in hidden assets, it would be worth it.

          You will still need a court order to obtain offshore records. You will have to present some information to the courts that justifies the order. A judge won't issue the order just because you ask.

          Knowing that the accounts were opened won't be sufficient proof. You need some kind of paper trail that proves they were opened, and that they were used. As you say, he could have closed them and extracted the money.

          You also need to start with things like, where did the money come from originally? How much was he earning over the years? What was your household and recreational budget? What savings and investments exist that are visible and have been or will be disclosed? You will need to show all this before an order for offshore disclosure.

          Then the order has to be sent "offshore." Do you even know for certain what countries are involved? What financial institutions? You will wait goodness knows how long for bureaucratic wheels to turn.

          During this time you will be paying your lawyer to keep pressing and you will not have a settlement. So again, how much money is at stake? After a 43 year marriage indeed it could be considerable, but you have to weigh the cost of all this against what you might gain.

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          • #20
            I'm waiting for his lawyers reply to my lawyers' request for information on those off-shore accounts. Also he has denied he received any pension all those years. This matter is also in question as I have found evidence to the contrary. It's an interesting situation.

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            • #21
              Originally posted by caranna View Post
              I'm waiting for his lawyers reply to my lawyers' request for information on those off-shore accounts. Also he has denied he received any pension all those years. This matter is also in question as I have found evidence to the contrary. It's an interesting situation.
              Provide the evidence upon the request back to the other lawyer. Attach the "evidence" as schedules. Be explicit in the request. If you have a copy of an account, account number, etc... Provide the tangible evidence. Your "belief" is not evidence.

              For example:

              My client recalls that at one point your client had an account with BankX. Please provide the disclosure from BankX and all the information about BankX blah blah blah.

              Versus:

              WITH PREJUDICE

              Please find attached to this correspondence and marked as Schedule "A" a copy of a bank statement for account accountNumber in your client's name, dated Day, Month, year, outlining an account balance of $XX,XXX.XX.. Please provide the current account status for the past 3 years for accountNumber held with theBank in accordance with Rule 13 of the Family Law Rules.

              Good Luck!
              Tayken

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              • #22
                Thanks! That's helpful.

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                • #23
                  Originally posted by caranna View Post
                  Thanks! That's helpful.
                  There is a time to hold evidence against your chest and a time to expose it. If you are requesting financial disclosure you should just expose it. You can address the request under a Form 20. There are some threads on how to do this.

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