Financial Discovery

Poutbutton

Can anyone tell me how this works? What I am curious about is how undisclosed money is discovered in the legal sense in relation to Judicially Separated couples. If one party knows there is an amount of money that was undisclosed during proceedings, what does Discovery involve? Who goes and gets the proof of say an undisclosed bank account? How expensive is it to seek discovery? How much is the client going to have to pay? what's the process from when a party tells solicitor "I am aware of an account that was not mentioned during our J.S." I have no proof of it but I know it exists?"

Victor

I get the impression that there is an element of honour in it. However, if you are dishonest in the discovery, instead of losing you honour, you risk a substantial term in prison for perjury.

I imagine solicitors would be rather slow to not cooperate with a discovery order as it is their livelihood is at stake.

Poutbutton

Thanks for that, it makes sense now as to why I'm finding it difficult to get any info on the topic via the net or the law society website...I would imagine it has such big "Honour" implications that you would only order it when you are talking massive hidden money that was worth the investigation. I am curious as to how the actual investigation is carried out though, I mean, does a solicitor hire an accountant who has the right to go through banks?
The example I'm working from is one where the account number is actually known, also the fake address the alledged perpetrator is using is known and the name of the bank, but how would you get proof of the accounts existance?

dermot_sheehan

Discovery for Family Proceedings is done initially in front of the county registrar with an appeal to the circuit court (or master of the high court to the high court if its a high court judicial separation).

Attempting to hide assets is perjury and a criminal offence (since the party providing discovery has to swear an affidavit of discovery). Courts also don't take too kindly to attempts to hide assets, for example look at Budd J.'s decision in J'OD
http://www.bailii.org/ie/cases/IEHC/2000/173.html

Poutbutton

Thanks that explains a lot. What a convoluted case!

Layla Katniss

Has anyone ever experienced Solicitor/Counsel for the Applicant not attending 2nd Case Progression Court date?