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how do we prove husband had assets still 8 years later?


Blade
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my mum who has been trying to divorce her husband for 8 years through french law courts. she has proof from 8 years ago that her husband had about 200k in his accounts\ and was on a very uk good state and private pension. however because the divorce and financial issues have taken 8 years and still not finished and my mum is not even living on bare minimum she says it will be difficult to prove where his money is now but also french courts dont seem to be looking into that.

question here how do we prove the money he had 8 years ago? she has bank statements etc.
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I am a little confused here, You say that your mother has proof and then you say she hasn't!

I think if the husband is in the UK, she should now aim to sort it out in the UK courts, spouses now do have rights re pensions but you will obviously need to speak with a solicitor urgently. I think it is unlikely given the nature of divorce laws that many questions can be answered on this forum especially when we do not know the husbands circumstances/ point of view.

 I think after 8 years of being messed about in French courts, I would make arrangements to speak with a UK lawyer  without further delay.

 

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Blade

Sorry to say this, I hope this is not another what if type scenario of the sort that you have posed on here before and then failed to acknowledge the help and advice offered.[:$]

 Assuming it is not, continuing to be blunt, and I am again sorry but I think this situation calls for this, instead of peppering the Forum's topics with this divorce, no matter how worrying or frustrating it must be to all concerned, the only advice you should listen to is for your mother to either ask these questions to her French lawyer, she must have one or who is pursuing this through the courts, or go to the UK and get herself a solicitor. 

 I doubt that anybody on this forum is qualified in UK or French family law and all you would get is well meant " I thinks", they are no good, you want legal advice.

Why is it being dealt with through the French courts?  Who gave her that advice?  It seems to be that she has been poorly advised about how to deal with this. They were married in the UK, your father is in the UK, his assets are in the UK, the records are in the UK, your mother is a UK citizen, what does that suggest to you? Has it not occurred to your mother after all this time that perhaps the French courts were not the right option? 

Somehow, I doubt that this will be settled under French law unless you have been advised to the contrary, but I would get a second opinion on that from a UK family law solicitor.

As to what he may or may not have had 8 years ago is not the point now, it is what your mother would be entitled to from the marriage that is relevant,.  It will cost money to pursue this through the courts but you can get free advice at the start from a UK solicitor dealing with family law.  If your mother's case is as good as you describe she will get her money, unless there is more to this than meets the eye, you don't mention any property, so who owns that?  However, it is not up to you or your mother to prove he has or had money or assets; it is up to him to prove he has not, and a knowingly false declaration of assets is a criminal offence in the UK and will cost him dearly in court. 

Assuming this to be a real situation, (you do seem to have a lot of friends with problems don't you)[;)], then PM me with an outline of the marriage and actions  to date, I will get you an opinion, not a detailed one because my contact is very busy and gets paid money for detailed advices, but you will get an advice, even if it is only to confirm that she must go to the UK to deal with it.

 

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Blade - I've read the three postings you have made on TF and if you've

got all the facts and you are genuine I can't see why your mum is using

the french courts rather than british. Unless she is french. I see that

he's apparently trying to get her to pay his costs. The whole thing

just doesn't make sense. Pat.

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Sounds like your Mum is French. Is she pursuing him for some of the money he had AT the time of the marriage or money earned AFTER the marriage? I cant see the french courts being able to sort this out at all, just like trying to use UK law to get around some french laws.  Get a UK lawyer. 

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  • 3 weeks later...
And did we hear anything from Blade about this? [:'(] Did we buggary,  did she take up the offer of FREE professional advice from a family lawyer, No of course not[:P].  I hope the book on French life and problems is getting on OK, or is she now doing a search....er[:P]
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