If your ex-spouse is hiding assets in New Brunswick, you can file a motion at the Court of King’s Bench to force mandatory financial disclosure. Courts can impose severe penalties, including ordering the secretive spouse to pay your legal costs, if they intentionally conceal wealth.
Trust is often the first thing to disappear during a separation, especially when money is involved. Unfortunately, it is not uncommon for a spouse to try and hide money, transfer property to relatives, or suddenly claim their successful business is failing to avoid a fair division of property. In New Brunswick family law, complete transparency is a strict legal requirement, not a suggestion.
Both spouses have a legal obligation to provide full and honest financial disclosure under the rules of the court. 📚 If you suspect your former partner is playing games with their finances, you do not have to accept their word for it. The legal system in Canada provides robust tools to uncover hidden wealth, whether it is stashed in a hidden Moncton bank account or tied up in an offshore corporation. Here is what you can do to protect your rights.
Step-by-Step Process in New Brunswick
Uncovering hidden assets requires a strategic approach, usually guided by an experienced family lawyer. The process scales up in intensity depending on how stubbornly your ex-partner refuses to cooperate.
Step 1: Demand a Sworn Financial Statement
The first step is formally requesting financial disclosure. 📄 In New Brunswick, both parties are typically required to complete a Financial Statement (Form 72J). This document must be sworn under oath before a notary or commissioner of oaths. Lying on this form is equivalent to lying on the witness stand in court.
Step 2: Issue a Notice to Disclose
If your ex refuses to provide their Financial Statement or provides one with obvious gaps, your lawyer can serve a formal Notice to Disclose. This legally compels them to produce specific documents, such as tax returns from the Canada Revenue Agency (CRA), credit card statements, corporate ledgers, and property assessments.
Step 3: Conduct an Examination for Discovery
If the documents still do not make sense, your lawyer can demand an Examination for Discovery. 🎤 This is a formal meeting where your ex-spouse must answer your lawyer’s questions under oath, while a court reporter records everything. It is a powerful tool to catch inconsistencies in their financial story.
Step 4: Bring a Motion to the Court of King’s Bench
When someone completely ignores a Notice to Disclose, it is time to escalate. You can bring a motion before a judge at the Court of King’s Bench. The judge can issue a court order forcing the disclosure. If your ex still refuses, they can be found in contempt of court, which carries heavy fines and even jail time.
Step 5: Hire a Forensic Accountant
For complex cases involving cash businesses, cryptocurrency, or hidden offshore accounts, you may need professional help. 💻 A forensic accountant specializes in tracing missing funds and finding financial anomalies that standard lawyers might miss. They can provide an expert report to present as evidence in court.
How Much Does it Cost in New Brunswick?
Tracking down hidden assets can be expensive, but it often pays for itself if significant wealth is recovered. Here are the typical costs in CAD:
- Lawyer Fees for Interlocutory Motions: Preparing and arguing a motion to compel disclosure can cost $2,000 to $5,000 CAD in legal fees.
- Examination for Discovery: Hiring a court reporter and paying your lawyer for a full day of questioning usually ranges from $1,500 to $3,500 CAD.
- Forensic Accountant: Retaining a financial expert to trace hidden money can be pricey, typically starting at $3,000 to $10,000+ CAD depending on the complexity of the business or offshore accounts.
- Cost Recovery: If the judge finds that your ex intentionally hid assets, they will often order your ex to reimburse you for a significant portion of these legal and expert costs.
How Long Does the Process Take?
Fighting over financial disclosure can significantly delay the resolution of your family law matter. 📅
| Legal Action | Estimated Timeline | What to Expect |
|---|---|---|
| Filing a Notice to Disclose | 30 to 45 days | The opposing party usually has a set timeframe (often 15-30 days) to respond legally. |
| Scheduling a Court Motion | 2 to 4 months | Depends on the current backlog at the Court of King’s Bench in your specific region. |
| Forensic Investigation | 3 to 6 months | Tracing complex corporate structures or international transfers requires substantial time. |
Frequently Asked Questions (FAQ)
What happens if my spouse lies on their Financial Statement?
A Financial Statement is sworn under oath. If a judge determines that a spouse intentionally lied, their credibility will be destroyed. The court can penalize them severely, order an unequal division of property in your favour, and force them to pay your legal fees.
Can they hide money by transferring it to a new partner or relative?
This is known as a fraudulent conveyance. Family law courts in New Brunswick can look past these transfers. If the court finds the transfer was made specifically to defeat your marital property claim, the value of those assets will still be credited to your ex’s side of the ledger.
Can the court access my ex’s CRA tax records?
Yes. If your ex refuses to provide their Notices of Assessment or tax returns voluntarily, a judge can order them to produce these documents, or directly authorize you to obtain the information needed to calculate spousal support and property division.
Should I hide some of my own money just in case?
Absolutely not. Hiding assets yourself will completely undermine your case. You must come to court with “clean hands.” If you hide money, you will face the exact same severe judicial penalties as your ex-spouse.
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