Gransnet forums

Legal, pensions and money

What has a forensic accountant got to do with divorce?

(27 Posts)
Judthepud2 Sun 25-Sep-16 23:22:20

Anyone able to explain this to me? DD3 is trying to conduct a civilised divorce with ex H. He wants anything but.

His latest is that he is going to send in a forensic accountant to her fledgling business which she has worked very hard to get started and is beginning to take off. He has already stated he wants half the VALUE of the house which is in DD's name and to which he has never contributed a penny. He hasn't quite twigged that it is the equity he may get half of, which is almost zero.

He contributes nothing financially to the upbringing of his son.

If anyone is, has been or knows about this topic, I'd be grateful to hear from them.

DaphneBroon Sun 25-Sep-16 23:31:45

If I am right a forensic accountant's area of expertise is fraud so I would think he would be looking to see if any funds have been salted away or if there has been any dodgy dealing. I hope your DD has a good divorce lawyer, this man sounds out for every penny he can get (and some that he can't) Good luck.

Elegran Sun 25-Sep-16 23:34:21

The twerp seems to be doing all he can to make himself look even twerpier.

It sounds as though she could do with a forensic accountant of her own, to look at the financial position from her point of view.

Judthepud2 Sun 25-Sep-16 23:49:29

Thanks DB . Have you any experience of this at all? DD pays herself a pittance and ploughs most of her profits back into the business to grow it. She has a good accountant and all the records are up to date. Would he be entitled to a cut of the profits, do you think? He has already told DD that he is going to 'take her for every penny'. She does have a good solicitor.

He has no money Elegran as he gambles it all. So a forensic accountant would be hard put to find any money salted away there. Actually he is talking sh--e as he can't even afford to pay a solicitor and is refusing to pay any of the divorce costs.

Coolgran65 Sun 25-Sep-16 23:57:30

In my experience, A forensic accountant is usually employed only when the financial side of divorce is complicated. Their fees can be quite crippling..

Judthepud2 Mon 26-Sep-16 00:11:53

Oh CG thanks for this clarification. DD's financial situation is not in the least complicated. She struggles to make ends meet but has always resolutely refused to go on benefits.

I think the silly man has been listening to people giving him inappropriate advice, and probably picked it up wrong. We have been concerned that he is after half the value of the business.

Linsco56 Mon 26-Sep-16 00:24:30

I have worked in the financial industry throughout my working life and although not involved in civil cases, I am aware of instances where forensic accountants have been used to ascertain the market value of a business.

Eloethan Mon 26-Sep-16 00:44:44

I think forensic accountants carry out more in-depth investigations of a company's financial status - looking at all supporting documentation to establish whether transactions/money is being diverted/hidden.

suzied Mon 26-Sep-16 05:38:14

Yes, one of my DS is an accountant in a property company, forensics look for money laundering and sch in businesses . If he's got no money how is this guy going to afford to hire such a person?

kittylester Mon 26-Sep-16 07:43:46

I would say call his bluff. He will have to pay for it so let him get on with it.

-#voiceofexperiencewhendealingwithexsonsinlaw

Linsco56 Mon 26-Sep-16 08:30:35

The services of a Forensic Accountant are not usually engaged by the general public. They are most commonly used by banks and the crown and will investigate anomalies in accounting practices, asset stripping prior to the liquidation or receivership of a business, money laundering, professional negligence and the valuation of a business.

Their services are costly and if they were to be engaged by an individual, they would most likely require up-front proof of ability to pay.

If, as you say, this is a fledgling business, has you daughter produced her first year accounts? Has she complied management projections for next year? What is the value of the business assets? Is she operating the business as a sole-trader, a partnership or a limited liability partnership?

I don't expect you to answer any of these questions on a forum but they are relevant and she would be best advised by her solicitor and accountant.

My instincts are telling me he's bluffing!

Linsco56 Mon 26-Sep-16 08:31:41

Compiled not complied.

Judthepud2 Mon 26-Sep-16 09:40:02

Thanks everyone. This is looking less and less likely, isn't it? Idiot! Linsco I will PM you with answers that I know.

Jalima Mon 26-Sep-16 10:27:25

A forensic accountant would be employed to investigate in suspected cases of fraud and could also be employed to go to court as an expert witness.

He is bluffing and trying to frighten your DD.
I hope she has evidence of his gambling habit.

GrannyBing Mon 26-Sep-16 10:56:46

Sounds like an attempt at intimidation to me, he's probably read about it on the Internet or from friends.
My ex threatened me with top notch divorce lawyers and private detectives, all to gain the upper hand and make me back down. i didn't and nor should your DD. Call his bluff, let him know this behaviour is noted for any future proceedings.

wilygran Mon 26-Sep-16 11:08:18

Listen to GrannyBing! My pal had similar experience with awful ex who dragged her through every possible legal avenue. In the end it was all thrown out of court & she got her house etc. A good lawyer & plenty of support from family & friends got her through, but best to be prepared for a long haul.

tigger Mon 26-Sep-16 11:21:59

If the business is not in his name then he can't just send in any old bod to vet the books. This would all have to be agreed via a legal route. He sounds all mouth and trousers. If he hasn't got any money then how is his going to pay for all of this legal work. GrannyBing is spot on. Hang on in there.

radicalnan Mon 26-Sep-16 12:56:08

Forensic accountants usually track criminals, cyber crime and such. Who does the twerp think he is?

DD needs to prove he is a gambler. She will have house until son is finished at Uni (I suggest a very long course of study) and a CSA sum to support boy with.

She can also ask for additional sums under children's act (I think) should son need anything she can't afford for him and dad might reasonably provide.

Having worked on a case where the business books were provided for CSA showing huge profits on a business, but chap lied on his form and said he was poor, the CSA took no notice of the accounts at all and made miserly award.

I had to pay the transfer costs in my own relationship breakdown to get house in joint names made over to me, no equity there either as we had only just bought it..but worth it to get rid of the sponger.

Sounds to me like the twerp is talking out of his bum.

Bez1989 Mon 26-Sep-16 13:54:47

I've got no experience of this tip of divorce but my instnct say's BLUFFING BIG TIME.

Hope your DD gets a Good Recommended lawyer and can provide evidence of his gambling too.

Good Luck to you and your DD. sunshine

foxie Mon 26-Sep-16 14:12:13

This case should go in front of a judge who will decide the procedure and what can or can't be fair as regards the apportioning of property and other assets. Then there's no argument.

grannypiper Mon 26-Sep-16 15:14:49

He is just mouthing off because he knows he is a failure, let him get on with it as it will get him nothing but a large bill.

Jalima Mon 26-Sep-16 19:23:53

^forensic. ... The adjective forensic comes from the Latin word forensis, meaning “in open court” or “public.” When you describe something as forensic you usually mean that is has to do with finding evidence to solve a crime. It could also mean that it has to do with the courts or legal system.
Forensic - definition of forensic^

Unless the forensic accountant has a court order I do not think they would be able to march into your DD's business and demand to see the books.

He is talking through the top of his head and probably has no clue of the meaning of 'forensic'.

Judthepud2 Mon 26-Sep-16 20:07:20

Ah good point about the court order Jalima . The replies on this thread have reassured me somewhat. I don't think the ex H is really likely to go to this bother unless someone takes it forward for him. Therein lies another tale too complicated to go into ?

Thanks everyone for taking so much trouble to respond. I am very grateful.

daphnedill Wed 28-Sep-16 02:35:02

I wish I'd known about forensic accountants when I got divorced and my ex never paid any child maintenance by claiming he had no income. I've just Googled and, apparently, there are forensic accountants who specialise in family and divorce cases.

PamelaJ1 Wed 28-Sep-16 07:06:21

I'm not certain of my facts but my friends soon to be ex DIL has been threatening her (my friends) son that she wants half his business. I think that there is some sort of rule that the ex can't take away the spouses ability to make a living. Needs checking out? Your daughters solicitor should be able to clarify.