Couples going through a divorce may frequently adopt a variety of brutal divorce tactics before the divorce is finalized in order to maintain a percentage of the assets they have accumulated throughout their marriage. In the same way that bankruptcy is the most common approach, a fraudulent loan is the most common method. online divorcer has become a popular thing among people nowadays, as it helps to be more attentive and notice some side dirty tricks.
As an illustration, consider the following scenario. A successful businessman sought legal advice before divorcing his lawful wife in order to avoid having to send over half of his hard-earned riches to his ex-wife. On one occasion, it was advised that I seek for a friend who would be prepared to sign a big loan agreement with him in the future. For example, if you're trying to purchase a property in another country. That's precisely what his wife did, by the way. The "creditor" eventually went to court and sought that the money be repaid in full. In court, the "debtor" admitted that he was responsible for the situation. A family villa is an example of this type of structure. Approximately 6 million dollars in debt remained outstanding to the "creditor" following the conclusion of an expedited debt trial, according to the court's decision. When money was allegedly spent on family assets, the debt between the couple was deemed common and should be divided equally following the divorce, according to reports.
As a result of this court decision, the husband took it into consideration throughout the divorce procedure, resulting in an artificially decreased amount of the property for his wife.
In the opinion of the businessman, justice has been served. The legislation stipulates that the assets amassed throughout the marriage be allocated equally between both spouses, regardless of how much either spouse earned over the course of the union, according to the law. Aside from that, four children were born to this couple over the course of their marriage.
When we received this present, we were really taken by surprise. The possibility of losing part of their land, on the other hand, is highly serious for them. What are the greatest possibilities for the party that has been injured in such a situation?
Get involved in the process
The most essential thing is to demonstrate to the court that the loan agreement was entered into in order to get the spouse in debt as soon as possible. And that the dishonest spouse takes use of this debt in order to reduce the share of the jointly acquired property that is owing to him or her, However, despite having formally completed the transaction, they did not really transfer any money.
Because she is immediately touched by the loan, the wife should be included in the lawsuit as quickly as feasible as a matter of course. After a court decision has taken effect, the victim has the right to appeal the decision and file a complaint with the appropriate authorities if the appeals period has been reinstated for good cause. An important point, in this case, is that the wife was not included in the procedures, either because the court did not include her in the case or because the court did not tell her of the next court date. This is one of the most persuasive reasons in this case. She may have been unable to participate because she was ill, or she may have been away on vacation.
If a victim appeals a court decision, he or she must also submit an application for the reinstatement of the appeal period, which must include an explanation of why the time was removed in the first place. The timeframes for filing complaints are not mandated by law. The primary purpose of this phase is to engage in the examination of whether or not there is a valid claim against the debtor.
Prove the fictitious actions
This must be done in conjunction with the collection of documents on the assumed (fake) relationships between the "creditor" and the "borrower." Proof that the spouse was not in need of a financial loan may be able to be uncovered in some circumstances. Someone's wage may be sufficient to enable him to purchase something on his own, without the need to take out a loan.
It's also vital to assess whether or not the fictional lender has the financial wherewithal to make a big loan to begin with. It will be necessary for the "creditor" to present legal proof of his income and savings in order to persuade the court that he has loaned several million dollars to the plaintiff.
If there is no independent proof of the transfer of a considerable amount of money to the "debtor," the absence of such proof will be taken into consideration by the court. A loan cannot be regarded legitimate until there have been bank transactions, evidence of money transfer, or notarization of documents. Due to the fact that huge quantities of money were borrowed without the provision of any type of security, such as a guarantee or other collateral, the harmed party will be able to rely on this fact as indirect evidence in their favor. A fraudulent loan agreement that does not have the approval of the second spouse will be taken into consideration by the legal system.
The alleged loaned funds were used solely for family needs. In one example, the court declined to recognize the family patriarch's business expenses. The deposit was used to buy an apartment, and the spouse claimed in court that the loan was particularly for that purpose.
The harmed party might seek the court to evaluate the limited period for preparing loan documents. This is the case's crux! Of course, attackers will strive to escape detection. If the original contract and receipts are lost, they will provide a notarized copy to the court. They can also supply non-dated originals. Our company took a briefcase full of the original paperwork from the opposing lawyer a few days before court. The original documents are frequently exposed to the sun or microwaved. While none of the factors alone will invalidate the loan, they do present a picture of abuse.
Tips for spouses
Be on the lookout for signs of brutal divorce tactics. Even if the disagreement is addressed and divorce averted, a gloomy possibility must be considered. We recommend that you do the following in order to minimize the financial impact of divorce:
- gather and organize all information on marital assets;
- take an interest in your spouse's financial situation and his business;
- divorce and property split can be complicated, so it's important to receive the best legal counsel possible;
- maintain an eye on courthouse websites for updates on your spouse's legal proceedings;
- make sure to keep an eye out for any unusual events, and don't be afraid to ask for clarification. "Don't worry, these are my credit cases!" This response from your spouse, when asked about the litigation against him, should not be acceptable to you.