Evidence rules in Family Court

[gmcode]

Hi all,

Wondering if ex provided my personal bank statement which is over 10 years old before divorce, and claims property division, can it be accepted by the court as valid evidence? I can't even verify it is a real statement, or stolen and forged one.

Thanks.

 

[rockscan]

Well the questions would be:

Is this a relatively true indication of the assets at the time of separation?
Does it show money you have not claimed on a financial statement?
Does it prove income at the time of the separation?

A judge will look at the motivation for her using it. If it calls your statements into question then it can be legit.

If it shows nothing and is not legit then you can counter with your own evidence and an argument as to why it should not be considered. There’s no need to argue it is fake when you can simply say it is out of date and the correct information relevant to the proceedings is found at exhibit whatever.