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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14948
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have been going through a bitter divorce

Customer Question

Hello, I have been going through a bitter divorce for four years and finally we are going to court.My ex is a narcissist and it has been extremely frustrating and challenging getting to this point. he has sacked four lawyers as common sense does not prevail
and they haven't told him what he wants to hear. Ive had a protection order at the start of the divorce and throughout the past 4-5 has made my life hell.Ignoring many letters from my lawyer to him emptying bank accounts etc. The list goes on. my question
is ; Currently I am filing my affidavit to the family court and listing all the assets and liabilities at the point we ceased together . my lawyer now wants me to disclose my current financial position and my assets that I have accumilated with my new husband.
I feel that. why should my ex know my current financial position that has no relation to my former marriage. Also my ex has not done the same. what is the point to this and why do i need to do this as its extremely personal and I would not want my ex knowing
anything about my new life. we are going to court over a building I co-own that he has been using for 4 years and he is refusing to buy me out and pay me my share of the business. thanks so much
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
I can certainly understand why you are reluctant to share information. But if you are open and transparent, and he is evasive and lies to the court, this will make your evidence more compelling, and show him as difficult and unreliable. so questions of credibility are more likely to be in your favour
Expert:  Chris The Lawyer replied 2 years ago.
In addition, you do have a legal obligation to provide this information,and if you do, and your ex husband does not, then again it will strengthen your case
Customer: replied 2 years ago.
What relevance does it have to my ex knowing my new financial position
Expert:  Chris The Lawyer replied 2 years ago.
I can see why you are anxious about sharing this. But Rule 398 of the Family Court Rules requires you to complete Form PR 1 which describes all your assets and liabilities. If you don't file this your case is stopped from proceeding. You should also be aware that any information filed in court is completely confidential, so your ex husband cannot refer to this out side of the court, and if he did so, that would be a serious contempt of court issue.