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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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, I am divorcing my husband (he is German) I am British and

Customer Question

Hi, I am divorcing my husband (he is German) I am British and
I've with our children in the UK. In accordance with ancillary relief we both submitted financial statements. It was through the course of this that I discovered my husband had forged my signature on bank documents in Germany to obtain a mortgage and loans on a house he lives in Germany. I brought this to the attention of the court during the FDR hearing and the court gave a direction to me to have the signatures checked with a forensic graphologist. This I have done and the conclusion is that the signatures were NOT signed by me. my question therefore is when I present this information to the court as I have proved fraud and forgery has occurred what could the court do? And should I take my evidence to the police in the UK? Than you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the value of the assets and debts related to these properties?
What other assets are there?
Clare
Customer: replied 2 years ago.
Hello,
The mortgage and loan he took out to buy a 6 bedroomed house. Was €370,000.
He owns another house in Germany ( which is rented out) in total both properties are worth approx €590,000 (£448,400)
The 1st house which is rented the rent covers the mortgage and the house is in equity
The 2nd house ( which he lives alone in) he claims to be in negative equity the although actually this is not easy to verify as the information he supplied to the court was insufficient..
He earns €164,290.00 (£124,860.40) (including bonus etc the company also pays for his flights to the UK to visit the children).
I live In rented accomodation with our three children I work part time and earn £7,000 pa. He finally pays for the children after I won a maintenace pending suit hearing while the divorce is still going because he wasn't paying anything.
What his pension I don't know as he refused to give any information, although it is believed to be approx 106,920.00 70% of his income under German law.
I should also mention he was recently taken to court by his 1st wife and had to pay € 20,000 back payment in spousal support, this is because he ignored a court order.
I am representing myself and have been doing so the past two years. We are now going to a final hearing it has not been easy. I have a telephone pre trial hearing next week . My husband wanted to make a settlement however now he knows I have the forensic report he will no longer respond to my emails. I have told him once I submit the evidence about the forgery The court could start criminal proceedings I was told this could happen is this correct? Also he deliberately presented to the court 'doctored' papers saying there were the mortgage papers from the bank but this is clearly false. What I really want to know is in this situation would a Distrct Judge realistically care enough to start an investigation bearing in mind my husband has committed a criminal act. I know in divorce people lie all the time but is this serious enough?
Expert:  Clare replied 2 years ago.
Hi
Are there any capital assets in the Uk?
Clare
Customer: replied 2 years ago.
No there are no capital assets in the UK, my husband, effectively left us homeless while he went back to Germany.I am aware of the complexities of this case, and as a result I have already instructed a German lawyer in case I have to issue proceedings in Germany.My main issue is so far the UK court has seemed quite quite powerless in 'controlling'to the point where I have little faith in the system. My hope is that if a judge should see the character of my husband ie that he is a habitual liar who is not above breaking the law. Then possibly they could have some power to induce him to provide proper documents so we can get a real idea of his total assets so we can make a proper settlement.I fear any questions about assets and liabilities can only be half believed because it's impossible to know what he has submitted as the truth or not. I have already uncovered several accounts which he didn't disclose in his Form E and was found to have been putting money into at least € 30,000 when I presented this evidence to the court they ignored it.Hi Clare,I am still awaiting your response. Thanks
Expert:  Clare replied 2 years ago.
Hi
When you say that the court has ignored that what makes you say that - given that you are still in the disclosure process and it is ongoing (I am asking to try and get an understanding of what you are going through)
Clare

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