Is this Victoria, Australia? If it is, try going to the Family Law Court. They tend to take lying in affidavits fairly seriously.
If you're not in Australia, still maybe approach the court the orders were made through?
Good luck!
I am in Victoria in Australia. I did go to the Family Court and they told me to go to Federal police and they said they are not going to help me.
In today's Herald Sun there is a story about two lawyers in Frankston being investigated and charged with presenting a false affidavit to the court so it can happen. I want to know how.
Hmmm... maybe email the journalist who wrote the piece? They might be able to give you an idea of where to connect and how to go about things.
Another option re same journalist: You could suggest that your experience be part of a larger article about false affidavits and how they're not taken seriously (because you have contacted the court, and the feds as they told you to) and the losses and unfairness it causes.
THAT would probably get you some attention!
That's good advice. I will email the journalist.
I'm not letting this rest. The Victoria and Federal police have both said mine is a civil matter yet this case with the lying lawyers who both charged by the Frankston Crime Investigation Unit detectives. So why is that considered criminal but not the one with my wife?
Been there. Perjury isn’t addressed in Family Court but it can hurt her credibility and give you an advantage. Use the evidence to negotiate a fair financial settlement. Demonstrating that she misrepresented financial information could potentially influence the division of assets and liabilities.
Do their job. Lying on affidavit is a crime in Australia Bing Justice Marcus Einfeld to see how gravely this undermining of our justice system is considered.
I am sorry for what you've lost. It sucks when people are evil, it is even worse when it is someone you cared about. Unfortunately, the courts rarely care about the damage done to the innocent. Criminal or civil, you are unlikely to get justice. Take what comfort you can from knowing you are a better person. And knowing that you are not married to such an evil person anymore.
Which sounds like she was probably a victim of international fraud or involved in it. Considering all of the hacking going on, we all probably need to step back and realize the full extent of what is going on.
She did commit a crime. She filed a false financial affidavit with the court, falsely swore to it being true, committed perjury, in order to get a better settlement.
It is family court. No one care . Everyone lies. You could be lying right now.
Why isn’t your lawyer demanding she be arrested? Because this is a civilian matter, not criminal.
My husband’s ex lies constantly in sworn statements. He had moved on with his life. You needs to do the same
She lied on court documents, cried financial abuse saying she didn't have access to money. Isn't that perjury or fraud, possibly slander too? And if it affected his case for the parenting plan, it could have monetary damages associated.
Either you hire a forensic accountant to investigate further (likely this will be very expensive) or you learn to deal. Police will never pursue anything that is involved with family court, whether you like it or not.
The criminal/family/legal law system goal is NOT about justice or morality. Should it be? Sure. It is it? No.
You’re not going to get her convicted or probably even charged for lying in family court documents. It just doesn’t happen. People lie in civil matters on official documents every single day. Police has bigger fish to fry than you being irked.
This is not a he said/she said case. This is a open and shut case that would be the easiest to prosecute. If the police are not going to bother at least charging her for this, what's the point in having perjury as a crime. Do 5km over the linit and they will fine me but in a way undermine our legal system and there is nothing to see here. It's just not right.
The police don't charge people.
What would be the logistical motive to move this to criminal court instead of letting the judge you are already seeing decide the correct penalty.
You aren't making a lot of sense, here.
Listen I understand that. Perjury is a crime that even rarely gets pursued in criminal court, but NEVER gets pursued in family court. Literally never. Perjury in a divorce isn’t what police should spend their resources on when there’s rape, murder, assault, child abuse. Get some perspective.
You need to let this go and move forward. They expect people to lie in civil proceedings and people do all the time, constantly.
I'm in Forest Hill in Victoria. The financial settlement is ongoing and my wife is still lying with that which is why I want to her charged. She thinks (correctly) that she can lie with impunity. I'm going to get screwed by her deception and scummy lawyer because the only asset we have is my APT in Korea which she bought in her name (100% my money) and the unique system of rent to South Korea which allows her to obfuscate it's real value. I have already spent $25, 000 and I will get nothing from it, I can tell
So yes I do have a lawyer but I don't want to pay more to her when it may come to nothing and as I said I would like to file the complaint without needing to pay.
OP. Not A Lawyer. But this is the business of one. You got the proof. Bring it to the lawyer and have them take it to the judge.
Police don't care. It's not their business. However if you can prove willful lying, not to you , but to the court, well judges hate that. It may result in favorable judgements. it might be grounds to reassess old judgements. See what your lawyer thinks it can get you.
Where are you located?
Do you already have an attorney representing you for this divorce and asset division process, or are you representing yourself?
I mean, given that the process seems to have not been completed just yet, you could enter the bank statements and the affadavit as evidence in the proceedings so the judge is aware...or potentially file a relevant Motion on the matter.
But without knowing what jurisdiction you're in, people can't advise.
The advice could include resources to pro bono representation, as well.
Is this Victoria, Australia? If it is, try going to the Family Law Court. They tend to take lying in affidavits fairly seriously. If you're not in Australia, still maybe approach the court the orders were made through? Good luck!
I am in Victoria in Australia. I did go to the Family Court and they told me to go to Federal police and they said they are not going to help me. In today's Herald Sun there is a story about two lawyers in Frankston being investigated and charged with presenting a false affidavit to the court so it can happen. I want to know how.
Hmmm... maybe email the journalist who wrote the piece? They might be able to give you an idea of where to connect and how to go about things. Another option re same journalist: You could suggest that your experience be part of a larger article about false affidavits and how they're not taken seriously (because you have contacted the court, and the feds as they told you to) and the losses and unfairness it causes. THAT would probably get you some attention!
That's good advice. I will email the journalist. I'm not letting this rest. The Victoria and Federal police have both said mine is a civil matter yet this case with the lying lawyers who both charged by the Frankston Crime Investigation Unit detectives. So why is that considered criminal but not the one with my wife?
Sick'em Rex! (a.k.a. go get them!)
My ex wrote a Motion which included a big untruth, easily verifiable by Wake County Family Court and nothing was done. That is a major problem.
Been there. Perjury isn’t addressed in Family Court but it can hurt her credibility and give you an advantage. Use the evidence to negotiate a fair financial settlement. Demonstrating that she misrepresented financial information could potentially influence the division of assets and liabilities.
You went to the cops because...your wife lied on an affidavit... What did you expect them to do?
Do their job. Lying on affidavit is a crime in Australia Bing Justice Marcus Einfeld to see how gravely this undermining of our justice system is considered.
That's not part of an officers job. They deal with the criminal side of things not the civil/family court side of things.
So I want to know who to contact about getting her charged if the police won't do it?
Court…. Cops don’t charge or convict
Family court. The court she lied to.
You gotta get a lawyer and sue her.
I am sorry for what you've lost. It sucks when people are evil, it is even worse when it is someone you cared about. Unfortunately, the courts rarely care about the damage done to the innocent. Criminal or civil, you are unlikely to get justice. Take what comfort you can from knowing you are a better person. And knowing that you are not married to such an evil person anymore.
Mine did too. No one cares.
You want to use the police as a free stick to beat your ex with because you can’t afford a lawyer. It’s 2024 now, it’s past time that you moved on.
Paying all the bills and not including her is financial abuse, FYI.
He went on to state she kept all the wages. Then siphoned off 85K of that money and shipped it to someplace in Korea.
Which sounds like she was probably a victim of international fraud or involved in it. Considering all of the hacking going on, we all probably need to step back and realize the full extent of what is going on.
You were married. She committed no crimes. What do you want her charged with?
She did commit a crime. She filed a false financial affidavit with the court, falsely swore to it being true, committed perjury, in order to get a better settlement.
It is family court. No one care . Everyone lies. You could be lying right now. Why isn’t your lawyer demanding she be arrested? Because this is a civilian matter, not criminal. My husband’s ex lies constantly in sworn statements. He had moved on with his life. You needs to do the same
She lied on court documents, cried financial abuse saying she didn't have access to money. Isn't that perjury or fraud, possibly slander too? And if it affected his case for the parenting plan, it could have monetary damages associated.
The court can impose penalties, but the police do not have the authority to decide whether something said is perjury. This is a civil matter.
As everyone else has said. No one is prosecuting perjury in family court
Bring a pendente lite motion for the Court to force an early distribution of the $80k transferred property.
Either you hire a forensic accountant to investigate further (likely this will be very expensive) or you learn to deal. Police will never pursue anything that is involved with family court, whether you like it or not. The criminal/family/legal law system goal is NOT about justice or morality. Should it be? Sure. It is it? No.
I came here to say this : at least you know now who she really is and that my friend you don't have to deal with when all things are set and done!
You’re not going to get her convicted or probably even charged for lying in family court documents. It just doesn’t happen. People lie in civil matters on official documents every single day. Police has bigger fish to fry than you being irked.
This is not a he said/she said case. This is a open and shut case that would be the easiest to prosecute. If the police are not going to bother at least charging her for this, what's the point in having perjury as a crime. Do 5km over the linit and they will fine me but in a way undermine our legal system and there is nothing to see here. It's just not right.
The police thought I was nuts for wanting to file a police report AFTER MY CAR WAS STOLEN. They don’t care.🤷🏻♀️
The police don't charge people. What would be the logistical motive to move this to criminal court instead of letting the judge you are already seeing decide the correct penalty. You aren't making a lot of sense, here.
This isn’t a police matter, though- you can’t expect them to randomly arrest people for lying, lol. This is a court matter.
Of course it isn’t “right”. But I think you need to have more realistic expectations for legal systems. They aren’t about justice, ever.
Listen I understand that. Perjury is a crime that even rarely gets pursued in criminal court, but NEVER gets pursued in family court. Literally never. Perjury in a divorce isn’t what police should spend their resources on when there’s rape, murder, assault, child abuse. Get some perspective. You need to let this go and move forward. They expect people to lie in civil proceedings and people do all the time, constantly.
I'm in Forest Hill in Victoria. The financial settlement is ongoing and my wife is still lying with that which is why I want to her charged. She thinks (correctly) that she can lie with impunity. I'm going to get screwed by her deception and scummy lawyer because the only asset we have is my APT in Korea which she bought in her name (100% my money) and the unique system of rent to South Korea which allows her to obfuscate it's real value. I have already spent $25, 000 and I will get nothing from it, I can tell So yes I do have a lawyer but I don't want to pay more to her when it may come to nothing and as I said I would like to file the complaint without needing to pay.
OP. Not A Lawyer. But this is the business of one. You got the proof. Bring it to the lawyer and have them take it to the judge. Police don't care. It's not their business. However if you can prove willful lying, not to you , but to the court, well judges hate that. It may result in favorable judgements. it might be grounds to reassess old judgements. See what your lawyer thinks it can get you.
Pay the lawyer who I hope is a specialist in Family Law. It shouldn't cost much to find out what your options are.
Are you admitting fraud here?
Don't you have a bank record/s of the overseas transfer/s?
Where are you located? Do you already have an attorney representing you for this divorce and asset division process, or are you representing yourself? I mean, given that the process seems to have not been completed just yet, you could enter the bank statements and the affadavit as evidence in the proceedings so the judge is aware...or potentially file a relevant Motion on the matter. But without knowing what jurisdiction you're in, people can't advise. The advice could include resources to pro bono representation, as well.
Answer above.
Most of this Reddit group is for the USA or Canada You might need to post to: https://www.reddit.com/r/AusLegal/
Thanks, I thought I did place the post on an Australian thread. I will post again.