6 Comments Family & de facto law, financial agreements, consent orders
As I understand the basis is to agree the pool, after which you agree a split. If your ex is not declaring assets, then that will be held against them if they are found to exist.
So, if their trial affidavit doesn't include things and yours does, then the evidence of who is right is determined through trial.
Before trial you will have made offers to settle. If the court gives a settlement less than or equal to your offer you might be able to get some costs awarded.
Again, my understanding, you cannot do a percent unless you have the actual value. So, it's the value that comes first, then the percentage derives from the values. In other words you don't agree say fifty percent then go and look at the size of the pool.
So in your case, as long as you get the asset pool pretty close, along with the adjustments you should be well placed. The whole point is to get people to settle prior to trial. That's why if your ex has not disclosed assets that you can prove to the courts satisfaction exist it will or should be held against them and that can translate into an adjustment in your favour, otherwise there's an incentive to lie and hide everything.
Calmar 2016-01-08 17:30:51