Terry & Co Home

Welcome! Log In Create A New Profile

Advanced

Uncovering UK Banks Accounts

Posted by Yichun.Lu8 
Uncovering UK Banks Accounts
April 13, 2021 03:41PM
Good Afternoon,

Me and my husband are living together at this present moment but looking to divorce. He has always been the breadwinner and I do not know what accounts he has but 1 of them where is wages go into. He is an awkward person so do not think he will disclose information honestly in a Form E.

What I want to ask is, if my husband does not disclose some of his bank accounts on the Form E and the case is in courts, is there any way I can pull information as to what other accounts he has with other banks? For example, if I told the judge I believe he has other accounts, is suspicion enough that the judge can do something to get information of all his bank accounts or would I need to get a forensic accountant for this myself which I believe will be really expensive?.

We got no property together. He just has cash savings and I only know one bank he banks with but have no account details or anything as he has no statements sent to the address.

Another thing I wanted to ask was if my husband opened a bank account before we were married but still put income or other cash into the account, will that be taken into account as a marital asset or is it that a bank account opened before marriage, regardless if money is still being put into it is not conisdered in the marital pot?

Thanks!

Yichun.
Re: Uncovering UK Banks Accounts
April 13, 2021 07:02PM
>>if I told the judge I believe he has other accounts, is suspicion enough that the judge can do something to get information of all his bank accounts

No. Suspicion is not enough. Courts act on the basis of evidence, not suspicion. Almost all divorcing couples 'suspect' something or other but suspicion doesn't amount to a heap of beans without evidence.

>>if my husband opened a bank account before we were married but still put income or other cash into the account, will that be taken into account as a marital asset

Yes. It is not the date an account was opened that matters. What matters is what transactions have taken place in that account during the marriage.
Re: Uncovering UK Banks Accounts
April 13, 2021 08:13PM
Thanks for the reply. I thought that would be the case that suspicion would not be enough. To the first part of that question in the original post, is there any way to pull information to what bank accounts my husband has? For example, is there some request form a solicitor can write to all banks to try and get that evidence for me, could I do a credit check on his name to pull information or even get the judge to make some kind of request? I hear forensic accountant can probably pull information if you know about that but guess they would be really costy or you think they would be affordable with say legal aid or something? Or is it just that you have to hope you come across some statements and memorise the account details.

Appreciate the advice David. Thankyou!
Re: Uncovering UK Banks Accounts
April 14, 2021 11:18AM
>> For example, is there some request form a solicitor can write to all banks to try and get that evidence for me, could I do a credit check on his name to pull information or even get the judge to make some kind of request?

No, no and no to each part of your question. There would never be any end to litigation or anything else for banks to do if people could search all banks looking for bank accounts in the name of X. And what if sly old X used a different name or a variation on an name?

Very few people lie to courts because they risk imprisonment for contempt if they do and even fewer people have bank accounts which have no linking transactions to any other accounts.
Re: Uncovering UK Banks Accounts
April 26, 2021 11:45AM
Thanks for getting back and apologies for the delay.

I understand what you mean of there being no end if solicitor and judges start writing to banks to try and get all account information etc.

Am I able to do a credit check on my husband myself and use the credit report as some form of evidence that he is not disclosing bank accounts? I believe he had a bank account and closed it down and shifted the money over to another bank. The only way I may find this out is by running a credit report of him and using that as evidence. Also picking up the other accounts he has. I understand closed accounts show on your credit file for 6 years or so. When disclosing all accounts held in a persons name on Form E is my husband obliged to disclose closed accounts of the past year too or are they exempt?

Lastly, what instances can I request from the judge to obtain statements dating further back than a year, do you have any examples of evidence required?

Thanks and really appreciate your help.
Re: Uncovering UK Banks Accounts
April 26, 2021 02:42PM
>>Am I able to do a credit check on my husband myself and use the credit report as some form of evidence that he is not disclosing bank accounts?

Frankly, it is hard to see how a credit check can disclose bank accounts. It is just that - a credit check - no more and no less. And as evidence a court would struggle to find it relevant.
Sorry, only registered users may post in this forum.

Click here to login