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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7049
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My ex-wife made a statement during our matrimonial

Customer Question

My ex-wife made a statement during our matrimonial proceedings that she put down deposit to buy the property I am living in and the judge mentioned this in the judgement as one of the factors taken into account in the judgement. But this was not true because the property was a one hundred percent mortgage and the mortgage company has confirmed this in writing to support my case.
I applied to set the judgement aside but in the hearing of this she stated that she did not mean deposit; she said that she meant that she contributed the money for general expenditure. Whereas, in her statement which was material to the judgement she actually calculated and tabulate how she put 5% of the purchase price, demonstrating that the mortgage was 95%.
Can this be regarded as perjury?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

In theory, yes

They are obviously 2 entirely different things , paying a deposit or contributing to outgoings. It is difficult to see how one can be confused about the difference and genuinely mistake one for the other.

However , judges are very reluctant to find that a party has lied even when faced with an obvious example and much for likely to accept it was an honest mistake.

As such the answer is that it should be perjury but I really cannot see a judge finding it so.

If there are any further points please reply I will be happy to respond.

Kindly rate my answer before leaving the site so that I get credit for my time

Best wishes