Tsinman Law

Family Lawyers

Please call 1-844-641-1911

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Hidden Assets and Marital Fraud

A troubling part of divorce is that partners commonly feel emotional and resentful toward one another and may not consider fairness, the law or the other partner’s rights. Especially if the higher earning partner was responsible for the vast majority of the family funds, he or she might be enticed to not unveil the full extent of his or her financial net worth.

Patterns that may signal that your partner is hiding assets include:

  • Changes in lifestyle;
  • Unusual ATM cash withdrawals;
  • Unusual credit card activity;
  • Payments of debts to friends and family;
  • Dealing mostly in cash especially if your spouse is a business owner;
  • Delayed employment bonuses or raises; and
  • Suspicious loans.

There are numerous approaches to manage this. Our team of lawyers can assist you in finding out if your partner is concealing his or her assets. With the assistance of forensic accountants and other experts, we may be able to discover undeclared accounts and find where cash, stocks and other property is being covered up. Our team will assist you to understand your spouse’s financial circumstances so that you will be able to make an informed decision in every step of your matter.

Several approaches can be taken to getting disclosure on assets and potentially uncovering hidden funds. These can range from negotiating with your spouse or his or her counsel for disclosure or proceeding to a court action to obtain an order to get the disclosure.

Before a settlement offer can be made or accepted, it is imperative that both sides have received full and accurate financial disclosure about the other party. If a side is unwilling to provide disclosure or provides incomplete disclosure, a court order can be made to provide it.

In order to access offshore accounts, there are a number of steps that must be taken to ensure that the banks in the foreign jurisdiction would be willing to provide the records of these offshore accounts. The steps involved in accessing these accounts include obtaining court orders in Canada and in the jurisdiction where the offshore accounts are located.

Our team of lawyers will weigh the various approaches in searching for hidden assets against the file’s circumstances, the potential costs, and the likely outcome of different approaches.

Please call us at 1-844-641-1911