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

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  #1  
Old 03-22-2016, 02:00 PM
lplp lplp is offline
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Default ex's lawyer requesting bank info.

I have provided my ex with all my bank statements from the past from 2008 to present.
They are sending me a form now to sign to authorize them to search both banks, to find any accounts belonging to me.One bank is a joint account and the other is after seperation .
I have nothing to hide but sounds a little suspicious to me on there part and grasping at thin air.
They are also saying if i dont sign these documents that they will put a motion in and ask for costs.
From 2008 and on .. is what they are looking for ... should i just sign and let them have fun as they do have it already ,not sure if ex gave them it all.
thanks ,i am on a deadline april 1 .
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Old 03-22-2016, 02:41 PM
standing on the sidelines standing on the sidelines is offline
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I would sign it and let your ex spend the money on her lawyer for the fishing exhibition. Just make sure its just for bank stuff and nothing more. Then when she finds nothing, you can have a little chuckle at the money she just wasted.
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Old 03-22-2016, 04:07 PM
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Originally Posted by standing on the sidelines View Post
I would sign it and let your ex spend the money on her lawyer for the fishing exhibition. Just make sure its just for bank stuff and nothing more. Then when she finds nothing, you can have a little chuckle at the money she just wasted.
Agreed. It will make them look silly when they have nothing to present and it will make you look open and honest to a judge. They really like that.
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Old 03-22-2016, 06:47 PM
Links17 Links17 is offline
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I would oppose, let them take you to court over it, argue it is a fishing expedition and then you get costs...
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Old 03-22-2016, 07:25 PM
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I would oppose, let them take you to court over it, argue it is a fishing expedition and then you get costs...
why waste his time and court time? Much easier to sign and let her pay her lawyer. That way no time out of his life to deal with it in court. Plus there are no guarantees he would get full costs back or even costs. He already said he has nothing to hide.

If he fights it in court and doesn't get full costs are you willing to cover his costs? Easier to say fight when it isn't your money or your time.
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Old 03-22-2016, 07:45 PM
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If you have nothing to hide I'd sign it. They could request judge direct you to sign a form (I did that one time).

Banks typically fight quite aggressively when presented with documents like these and it can take quite a bit of time.

Pay particular attention to the form which they are asking you to sign. I would recommend only agreeing to have bank confirm/deny existence of accounts not to permission for them to access information on the account itself (which any self-respecting bank would not agree to anyhow).

So they are only requesting authorizing to search one bank - not multiple banks?

Last edited by arabian; 03-22-2016 at 07:55 PM. Reason: adding a question
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Old 03-22-2016, 08:21 PM
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Arabian just to clarify. You asked the court for the same sort of document to be signed like the original poster and you got the order for that?
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Old 03-22-2016, 11:07 PM
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Originally Posted by standing on the sidelines View Post
why waste his time and court time? Much easier to sign and let her pay her lawyer. That way no time out of his life to deal with it in court. Plus there are no guarantees he would get full costs back or even costs. He already said he has nothing to hide.

If he fights it in court and doesn't get full costs are you willing to cover his costs? Easier to say fight when it isn't your money or your time.
Because I am thinking 3 steps ahead.

He says no, I have nothing to hide, you have no probable cause. I am not going to accept you doing this just to harass me.

She: Either says fine not worth it
OR asks a judge to order it

Judge: Either orders it and nothing is found & she looks like a paranoid psycho.
Doesn't order it saying he has been completely forthcoming....so go away.

Besides, disclosure is a positive obligation if she finds out one day in 10 years that he lied she can come back and get him....

I might be wrong, but I think as a general rule when somebody wants to take things from you, you should make them suffer as much as possible to get it otherwise they'll just keep coming back... Obviously my advice (generated by monkeys) is dependant on your situation and I happen to enjoy playing devil's advocate.

Last edited by Links17; 03-22-2016 at 11:09 PM.
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Old 03-22-2016, 11:11 PM
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Yes. Judge ordered my ex to attend lawyer's office to sign a "release" of information for banking as well as GST/HST. As I recall there was a standard form for CRA and one for banks.

My ex went to lawyer's office and lawyer and ex got into a dispute in the lobby (I wasn't present). Ex then accused my lawyer of threatening him. This matter was settled with judge in private chambers (dismissed). We went back to court a few times after that on the matter - one time as I recall there was something incorrect about the form which CRA rejected. Then ex dropped his lawyer and we had to start all over again. Total gong show. This all occurred throughout years after divorce when ex repeatedly going to court to have SS ended.

Lesson to impart - if your ex is a sleaze come to court prepared with appropriate forms and have person sign form in presence of judge.

Also would add - I obtained MANY orders. Having everything enforced is another matter.
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Old 03-22-2016, 11:21 PM
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Originally Posted by Links17 View Post
Because I am thinking 3 steps ahead.

He says no, I have nothing to hide, you have no probable cause. I am not going to accept you doing this just to harass me.

She: Either says fine not worth it
OR asks a judge to order it

Judge: Either orders it and nothing is found & she looks like a paranoid psycho.
Doesn't order it saying he has been completely forthcoming....so go away.

Besides, disclosure is a positive obligation if she finds out one day in 10 years that he lied she can come back and get him....

I might be wrong, but I think as a general rule when somebody wants to take things from you, you should make them suffer as much as possible to get it otherwise they'll just keep coming back... Obviously my advice (generated by monkeys) is dependant on your situation and I happen to enjoy playing devil's advocate.

....when costs are assessed judges do often measure the reasonableness/unreasonableness of the parties. There is sometimes a fine line between being "clever" and being vexatious...
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