Financial Non-Disclosure

I have recently come to learn that my ex - husband failed to declare a second pension during our divorce proceedings!

 

I have collated as much

I have collated as much evidence as I can. Divorce proceeding cost £47,000 and I need to know if It is worth taking this back to court.

I have no wish to use the same solicitors and would appreciate any reccommendations.

 

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Hi I need to know more before

Hi

I need to know more before advising.

Do you know the approximate value of the second undeclared pension? How long ago was it approximately since the final financial order was made by the divorce court? How has this second pension now come to your attention?

 

Hi    The 2nd firm of income

Hi 

 

The 2nd firm of income was a veterans/disability payment which is valued at approx £23,000 per annum,

 

The final hearing was in Sept 2014

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Through the CMS services I

Through the CMS services I gave come to learn of this income as I am paid £7 per week from this benefit! I was with the old CSA and my case transferred to the new system and during the changeover I was informed of this!

my ex partner does not pay and they are trying to chase him!

 

 

 

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Provided that you are quite

Provided that you are quite sure ( and I have no doubt that you've checked your papers) that this pension was not disclosed by your ex husband during the course of the previous proceedings, it should now be open to you to challenge the financial order for non disclosure, fraud and misrepresentation.  There is a further proviso which is that the information about the  further pension must have come to you recently

A delay in making your application to set aside or appeal against the order can be fatal. Your application must be made promptly, ie as soon as you become aware of the facts. Certainly it must be done inside a year. There have been cases of material non-disclosure which have been proved, but the applicant failed to set aside the order because they had waited too long after they became aware of the new facts, before doing anything about it.

Without knowing more, I can only hazard an educated guess as to what might be the outcome of a successful challenge; my educated guess is that it is likely that it would be split in the same proportion as your ex husband's other pension was split, at least unless a significant part was accrued prior to marriage

It may be that an initial solicitors' letter will be sufficient to prompt your ex into offering a compromise if you have been involved in such expensive proceedings in the recent past

I'm not in a position to recommend any particular firm of solicitors, you could take a look at the Legal 500 website and see who are the recommended solicitors for family law in your area/

I would add that although I

I would add that although I understand that you wish to use different solicitors, there would be some advantage in going back to the solicitor who previously handled your case.  This is because he or she will know the basis on which the final order was made in 2014  and will therefore be, at the outset, the best person to advise on what difference this pension is likely to make in the particular circumstances of your case.  

Thank you   I very much

Thank you

 

I very much appreciate your reply, my soliciotor would only work whilst instructing a barrister, I have contacted a barrister directly now!

I was dismissed from my husbands pension as at the time he had just left the Armed Forces after 24 years at age 44 and declared he was unemployed along with some sort of medical condition... knee problems!

My settlement was taken from joint equity in our properties , we had an equal split needless to say the value of the pension then tipped the scales completley in his favour!

 

The 2nd income he decided not tell the court about was a veterans disablity income which is valued the same as his pension!

 

 

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