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Divorce and Perjury

By: Lorna Elliott LLB (hons), Barrister - Updated: 4 Jan 2017 |
 
Perjury Lie Court Divorce Proceedings

A person who is proven to have lied in evidence given court is guilty of perjury. The offence can only be made out if an individual has lied under oath. This can be particularly prevalent in the divorce courts. Emotions are running high, and litigants’ views on the ‘facts’ of the marriage and ensuing divorce can vary enormously. But if a person swears, on oath, that they will tell the truth, the whole truth, and nothing but the truth’ and then goes on to lie, they have committed perjury.

In divorce cases, however, it can be very difficult to prove. This is because very often the truth is only known between the two divorcing individuals, and that it is essentially one person’s word against the other.

Proving Perjury

There are, however, other cases in which it is possible to prove that an individual has lied under oath. In such situations the penalties are harsh. The problem in divorce cases is that the various authorities involved in the proceedings – the judge, the lawyers, and anyone else – may not care at all that your ex spouse has perjured themselves in the context of your divorce.

Often the financial amounts that are disclosed during the divorce proceedings are less than the reality. It is very common for divorcing couples to try to conceal assets and lower their income for the purpose of trying to ensure that the subsequent payout is much less than it otherwise should have been.

In extreme cases, your former spouse’s lawyer can also provide evidence on affidavit that these lies are true. Again, whether or not there is something that can be done to punish your ex or their lawyer depends on the seriousness of the act and whether or not it can be proved.

An Example of Perjury

In some extreme cases, however, it can mean that an individual is prosecuted and sent to prison for perjury. There have been numerous high profile cases of perjury in non-divorce cases. One lesser known example is that of a man who forged his wife’s signature on divorce documents (which alone would constitute Perverting The Course Of Justice), and then went to court to swear his evidence.

On oath, the man told the court that his wife had signed the petition but had decided not to have anything else to do with the divorce proceedings. On the strength of the evidence the man gave the court, the judge decided to annul the marriage and issued a decree absolute. Unfortunately, his former wife, who knew nothing of the divorce proceedings, contacted her own solicitor just weeks after the marriage was annulled. Very quickly she learned that she was already divorced and that her former husband had forged her signature and lied on oath to the divorce court in order to get the marriage annulled.

The police quickly intervened. A handwriting expert confirmed that the signature on the divorce documents was far more likely to have been written by the man. He pleaded guilty to perjury and was given a six month prison service, which was suspended for two years.

For more information on divorce proceedings, read our article on Divorce And Contempt of Court on this site.

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@deft - stand back and keep away from the issues. If there is no evidence to prove you have committed domestic violence then no charges will be brought against you. But, if you start to fight fire with fire it could actually backfire. There is nothing wrong with your ex 'speaking to another male' and you can't have your ex sacked from a job because she is going through her own personal problems. Keeping away from her and having no communication is your best course of action. Jilly.
JBM77 - 5-Jan-17 @ 10:26 AM
I am currently going through a nasty Divorce my spouse told her attorney that there was constant on going domestic violence in the home the truth is I have never touched this woman in 16 years well in short i have been suspended from my job with the state cause of her. my question is here she Is a RN and is very honestly acting out of the ordinary considering I caught her speaking to another male. 8 days later I was served divorce papers. I suffer from PTSD from the Army and she knows this this woman is causing me some serious mental trouble the VA has upped my Meds for the fear of my actions from Combat. My issue is how can one I prove she has incriminated her self. and how do i get her removed from her job personally is a nurse has the balls to act like this personally should not be working on a person no matter who it isreasons how can you trust them to do the right thing is they can lye about this what else can they lye about. I am also looking to sue her for defamation of character and lost wages? is this possible hell honestly if i could send her to jail I probably would just so she could feel the freaking pain and devastation she has caused me. Lord know's if this was Afghanistan or Iraq I would not be worried about crap. Looking for answers...... How do you beat someone that is out to destroy you for no real reason or good reasons.
derf - 4-Jan-17 @ 6:55 AM
I have served Marriage dissolution I am respondent my spouse is a conditional residence she just entered in usa not long ago she had battered me in 4 days marriage fraud now she wants money green card benefit and has false statements in marriage dissolution file accusing me as a useless she had played with me big time I had trusted her being part of my life put all Faith on her she didn't spare me I went to india on August 15 2016 to August 29th 2016 just after she gets visa on August 4th 2016 she was going to come to USA with me on August 29th 2016 she never came stayed with me in back in Home village indialeft me behind on August 23nd 2016 came over hear in USA Chicagoand soon I arrived hear she left me in 4 days it's almost 3 months no communication or relationship I was so depressed and emotional I had spent lots money for wedding all my family came to india on wedding I had lost my reputation back in my home and still she asking for money gold and benefits to stay in the USA she wants to obtain green card and gain citizenship worst human being I ever met in my life I had loved her so much everything is destroyed I want her to be deported back where she belongs withdrawal all my pitition file paperswhat should than do give her perjury for liying
Nil - 22-Nov-16 @ 4:00 PM
I am divorced from my ex wife who committed a marriage fraud and made false allegations against me. She came from India and had been in the U.K. for 8 months. We had not consummated the marriage and when I approached and instructed a solicitor and explained this, they proceeded with a divorce petition despite being told that we had not consummated the marriage and had valid grounds for annulment. I have since been granted a divorce and am stuck in a financial settlement dispute, my new family lawyer stating that I should have had the marriage annulled, The solicitors who drafted and served the petition note in the petition that the marriage was not consummated as one of my grounds; surely this is a contradiction in terms. Indeed it proves that they were aware of my position and still proceeded with the divorce as my only option to leave the short marriage. I would like to know how I can sue the solicitors who did not persue an annulment when they were made aware and acknowledged in writing that the marriage had not been consummated. I believe the solicitor who acted for me was a novice and the managing partner was not supportive, an altercation happened in their office reference another matter (my nephew taking on a lease) where a solicitor verbally attacked me for turning up unannounced because I had complained about him to the managing partner; who betrayed my confidence. The firm agreed a fixed-fee divorce comparable to the offer from a firm where I had first consulted, but because they were not immigration lawyers they suggested I go to such a solicitor, and the firm I used tried to charge some £800 over the £500 dispursments and £500 fixed fee previously agreed which I had paid, stating my case was overly complicated and they were dismissed as a consequence when my decree absolute was finally granted in January 2016 (I applied for this myself). Can you help?
Vinnie - 16-Oct-16 @ 10:32 AM
Well my ex husband was told by the judge that he had to give me $8,000 and he had to send me something in the mail so I could sign it. I as married to this man for 37 YRS. I have tried to get spousal support But he says he has no money which is a lie. He told me he can't give me anything due to social security is taking $500 a month from him, he want show any paper work at all. He has lied to the judge about how he can't walk have While I have a picture of him walking also he is fishing. He plays the victimhe also sign a paper saying it wax me which I never sign But judge still took it. Help
red_ant - 17-Sep-16 @ 11:55 PM
Hi, I was arrested and falsely charged with s.39 common assault when my wife accused me of beating her with a shoe in a frenzied attack in May 2015 (injuries she had self inflicted using an iron) she having been in the country for just 8 months, with no subsiding relationship between us because I was depressed and I just didn't find her appealing (she was causing me a lot of stress and it was an arranged marriage and the chemistry just wasn't there - indeed I was having treatment for impotency and depression) without a single concern for me, she invoked the DV process by making false and malicious allegations so that she could get ILR in the UK. She has been supported by the establishment despite being a foreign national who has committed marriage fraud, she was refused entry into the UK twice before marrying me and had a previous marriage of convenience - something that came to light after the fact. As a British man, born and bred, I have been crushed by the due process. In a phone call made to me she confessed that she had caused her own injuries because she was upset and had no other alternative other than to die. This call was recorded and forensically proven to have taken place, and translated. It was used in court at my subsequent trial and I was found not guilty with the Magistrates concluding that her evidence (given via video link) was inconsistent. The waste of public funds, the pain and suffering I endured over the six months the CPS took to bring the case to trial and both the Police and CPS failing to use the confession evidence because SHE had insisted that it was not her voice on the recording. She also proceeded to make RAPe allegations when her attempts at reconciliation broke down, because I had bail conditions not to contact her and I refused to allow her to return home. These new allegation led to my arrest and humilation, I consented to my medical records being provided and these confirmed that I had been depressed and my marriage had failed and that we were not intimate and I had been sent for testes examinations and offered treatments for impotency etc. At the Magistrates Court, the recording was played and when the Magistrate asked her who's voices they were - she answered "mine and my husbands" - sadly I had to sit through 6 hours of evidence (3 hours of her evidence via a translator - when she can speak perfect English) before the matter was concluded and my acquittal. All the evidence was provided to the CPS and they blatantly continued to support my then wife, who in those three hours committed perjury by insisting that I had beaten her, something her own 'confession' clearly contradicted. Indeed, there is text messages and whatsapp messages that veto everything she said on the stand, and I would like to know what action I can take in regards to the Police's failure to be fair and impartial, the CPS continuing with the trial when they accepted that one of us was lying, and they believed that to be me b
Vinnie - 14-May-16 @ 1:55 PM
Ben - Your Question:
My ex husband told me he was in financial difficulty and needed a quick divorce.he told me we would sign papers saying whats mine us mine vice versa to protect me from his debt. In the papers hecsaid he owned nothing and was not planning to marry or buy a house. Wecwere divorced at 11am some days later. Ive subsequently discovered that he completed the purchase of a 6.4m pound house at noon the same day we were divorced. Have I any recourse to his lies?

Our Response:
Yes, I would seek some legal advice regarding this, especially if your ex over-stated his debts and under-stated his assets.
SeparatedDads - 25-Apr-16 @ 1:55 PM
My ex husband told me he was in financial difficulty and needed a quick divorce.he told me we would sign papers saying whats mine us mine vice versa to protect me from his debt. In the papers hecsaid he owned nothing and was not planning to marry or buy a house. Wecwere divorced at 11am some days later. Ive subsequently discovered that he completed the purchase of a 6.4m pound house at noon the same day we were divorced. Have i any recourse to his lies?
Ben - 24-Apr-16 @ 10:54 PM
Advice please. Ex husband has ignored kids for over a year. Has lied on court application saying I am stopping him but he hasn't even tried. We are at court in 5 days time and I have email and text proof of everything plus his family as witnesses as they feel out 5 years ago when he stole a large sum of money from them ( He was not arrested or anything) now he wants joint custody to avoid maintanance as he has just landed a job earning 45k a year. I know he will lie at the fdhra next week. I want my girls to see their dad but he doesn't want to be just wants to control me As he did for our10 years of marriage. He never interacted with the girls when we were together. I would like him to change but I dont think he will as he is too selfish. What will the judge do as he will be lying and I will be telling the truth. Will I be able to show evidence?
PamG - 15-Apr-16 @ 4:05 PM
Hi, my husband was granted a divorce and he lied about why he divorced me! Mind you that he claim to not know my wears outs and of course I didn't want him to! I want to know that , even though he was granted the divorce under false pretenses, can I counter file under the truth and still be granted a divorce
TT - 13-Mar-16 @ 7:36 AM
Can my husband get an absolute divorce if he has lied about us being permanently separated n resuming our maritial relationship...we have lived in 2 different places for a yr due to us being homeless n we was getting a house this month but I just got the divorce papers...how does tht work...we just had a baby together n we have been doing everything as a family like normal...I'm just confused on how he can get a 30 day divorce all of a sudden...help please!
ending2016 - 26-Feb-16 @ 9:29 PM
My(ex)husband filed a Publication of Notice to get a divorce. However he knew my whereabouts and carried on for years as though we were married. He we as far as to were he wedding ring for years. I recently found out because I start to seek a divorce from him. Because he was granted the divorce by Notice of Publication he was granted all marital property. I have been mentally and emotionally distraught not only for me but for my daughter who look to this man as her father. What can I do? He committed perjury and I mountains of evidences to prove he lied. Help!!!
Sheerbliss - 7-Nov-15 @ 3:19 PM
Hi there, I was divorced several years ago. My ex wife used to handle ALL our finances and as such controlled the purse strings along with the ins and outs of our money. When we were divorced my ex had tailor made a list of financial activity covering the period of time we were together (not very long approx. 3 years) looking like I hadn't contributed one penny to our relationship, it was all down to her. I noticed whilst in the court that there wasn't any sign of our joint bank account statements. I asked where they were?My ex wife used a barrister in the proceedings who piped up with "what joint bank account Mr Crawley"? Of course I had no physical record of this as my ex did all the finances. I have heard about a ruling very recently about lying about finances in a divorce and the possibility of re opening a case. Well I'm almost there with the necessary proof re the absent bank account. By the way, I had deposited over 100,000 pounds in there in less than 3 years and she had the lot. The worm is about to turn
Creepy Crawley - 5-Nov-15 @ 4:12 PM
Lorna, Thanks for making this blog available. My ex and I nearly, but not quite, agreed on a divorce settlement. Then she got lawyers involved and it all went pear-shaped. She refused any negotiation and forced the case to court. Nearing retirement, I was unable to afford a lawyer and was therefore unrepresented in court. The court gave me no information whatsoever about applicable law or how to conduct the case. It made mistakes like registering a solicitor as representing me, without my authority (causing confusion as post went astray), but brushed off my complaints. The ‘final’ hearing took place even though I had not seen my ex’s evidence or the valuation of the house. I was told nothing about the procedures and applicable laws. The court helpline repeatedly told me to “get legal advice” without specifying how I should pay for it! My (now ex) wife lied about my financial contribution, my part in the restoration of our historical house over several years and the foundation of a company at her behest. This was compounded by the judge’s inability to grasp the concept of negative equity in some buy-to-let properties we had inadvisably bought. Verdict: my ex got the house, our most valuable asset, with no compensation to me at all. I got a small property with a mortgage higher than its value. What’s more I was ordered to pay her legal costs and was ordered against my will to enter into a partnership with her to manage our remaining buy-to-let properties for 5 years! Incredible. I was absolutely livid with rage. In total she got more than 100% of the marital assets. I tried to appeal but leave was refused because I had “left her with a great burden” (I didn’t), “was difficult” (I told the truth and did everything the court asked), and had not been there to correct the judge’s mathematics (I am not a mind-reader). In short I have been severely punished for the “crime” of not knowing the law and being unable to afford legal support. Incomprehensible. I was forced to cash in my pension early to pay my living expenses and belated legal support. She falsely sued me for non-compliance. I justly sued her for stealing money held under an undertaking to the court. I won, but was nevertheless ordered to pay her costs again, which were more than the sum she stole. Unbelievable. So far, we have had 10 court hearings. I have run up massive legal costs, well in excess of the sums at stake and my pension is dwindling fast. We still have the “partnership” even though we do not talk to each other except through lawyers. Further legal action is likely. I would not know what to advise someone else. If you cannot afford tens of thousands in legal fees you are simply stuffed under our legal system. The system is in serious need of major reform.
Eckie - 2-Nov-15 @ 4:04 AM
@Granddad - I am sorry to hear of this, it is something that happens all too often. You don't say how old your grandson is, but does your son have Parental Responsibility to him? If so, I suggest he hires a people tracing service in order to trace his ex, see link hereand once the address is found take the whole thing through the courts in order to regain contact, see When Your Ex-Partner Denies You Access, link here. If he has PR, his ex has no right to 'disappear' without letting him know his son's whereabouts. I hope this helps and I wish you good luck.
SeparatedDads - 2-Mar-15 @ 12:37 PM
I am the grandfather of my son's son. My son's relationship with his child's mother collapsed some time ago. For a while he had limited contact with his son but due to unemployment, geography and the embittered antagonism of his ex-partner contact become less and less. He hasn't seen his son for a couple of years. His inability to communicate and support his son has put my son in a dark place.... Now things are back, he is working, he has a great home, he is secure and stable and is in a new loving relationship. His son's mother is now married .... but she has moved away... and my son cannot trace her or his son. He wants to be part of his son's life .... he wants to be involved in andbe informed of his son's education etc etc. He has set up a fund to support his son as money that was sent to his mother was used for her clothes and her entertainment.... we as grandparents sent Christmas and birthday presents .... these were returned to us via the postal service as she had left no forwarding address. What can he and we do? What are his and our rights? Please advise us.
Granddad - 26-Feb-15 @ 10:30 PM
@johan - you really need to see your solicitor and talk through where she has lied. You need to prove that she has moved all the money into her account and try and see if you can prove with correspondence all the other things she has lied about.
Lynne - 4-Feb-15 @ 12:25 PM
hi , I have just exchanged form e with my wifes soliciter, I have no soliciter as she has taken all the money from our marriage and moved it into her own accounts. but on reading through her form e she has lied on several parts, I have gone through this and written were the untruths are but do not know were to go from here do I confront it through her soliiter or do I submit it to the courts and at what point my decree nisi is hearing is on 17th feb
johan - 2-Feb-15 @ 9:22 PM
Hi, I have a very manipulative ex who has lied in court about providing CSA when infact he doesnt. CSA have told me he shouldnt pay because he is on stste benefits and I also have a letter stating he should pay because he is on benefits. I dont receive a penny. I have spoken to CSA and they are under the impression he is a student when infact he has a full time job and even stated this in the court. He also lied about an assault allegation against me but in court said I didnt assault him even though his application to the courtstated I did. He has taken me to court 4x over contact when he is the one whofailed to attend, shown up late and has sent other people in his place to collect our daughter without informing the school. The courts and Cafcass have not listened to my concerns about our daughters welfare and the distress my ex causes us with his unreasonable behaviour. It saddens me that he is able to abuse the system in this way especially where there are sites and services that are there to help fathers who really need it. It is clear he has a problem with me but is using the system to bully me as he did in our relationship. I was fined and tol to pay his court fees for allegedgy stopping contact when infact i had contacted my ex several times to rearrange contact due to his violent behaviour towards me in front of our kid. No one is listening and now my dughter has anxiety, moody angry behaviour towards me which I belive is from his influence and also that when she goes over there he just dumps her at his mothers who she is not that close to and there are no other children around for company. What can I do? I believe mediation is what we need to discuss our kids needs but he has refused it 4x and the courts seem to support no communication( taking away my phone rights even after knowing she was emotionally distressed from being left there) when infact you need to communicate to co-parent effectively. He is not supportive of our daughters acheivements or extra curricular activities and has gone as far as pulling her out of them because he wants his contact when she is supposed to attend. It is extremely difficlt to raise her with some stability and responsibility with his behaviour, an example we are vegetarian but in his 'care' will feed her cheeseburgers. She is scared to speak up to him because of his reactions. Any advice anyone can offer? No solictors will speak to me because of the legal aid cuts and I cant afford to take hm to court and to be honest I dont want to because they have not been supportive at all only adding to the problem. For the record, I have contacted Cafcass, gingerbread, coram, cab and various legal firms who have not given any sensical advice apart from to contact someone else.
Rose - 30-Dec-14 @ 2:53 PM
Hi, I have just received divorce papers in the post. My husband has lied about everything. He said I am working full time. I haven't worked for over 2 years now. He said we have never been to court before. We have because he threatened to kidnap our son so the court put a prohibited steps order on him and granted me full residency.I have full proof of all of this. He lied about where he lived. He didn't write my sons full name and my name is spelt wrong. Can he get done for lying as the petition form has been to court and signed by them. I have proof.
Ash - 21-Sep-14 @ 7:07 AM
hello brother the materials have just arrive to Nigeria now at 09:15 but the only thing thatremains is the staff that you will whole on your hand on the day of your initiation. there are two type of staff that you are goin to purchase 1 is ten thousand and the other one is twelve thousand. the pends the one one you will like to purchase okay
Joan - 3-Aug-14 @ 9:41 PM
I have an ex who has fraudulent ways have gained him over half my family home. Which he paid nothing on the endowment or morgage. Or anything else.. Worked on fiddle to not pay csa. It goes on. Then I am sure now he stole a family asset which washin my care. To make it look like I theives it by frauding my name on a document. And after police dealt with it. Told the court I had stole it and had me interrogated in court.. All lies.. People that know me are shocked that the courts have allowed all this..along with blatant lies about false information and witnesses.. All which can be proved..I had been trying to represent myself. I have been ill for a while and was shocked at all this new stuff.. He obviously married me for my house. Stupidly I put it in joint names when I married him. Yet he paid nothing into it.. I have looked after my children from them being babies on my own. It's a nightmare.. How one person can lie and do this.. He had nothing when I met him.. How blind was I?? Tormented and abused ever since meeting him... Where do I get help?
Geordiangel - 2-Jun-14 @ 12:53 PM
Lived with and cared for my partner who died from cancer 3years ago...up to then I still paid my wife's rent.she has told court left two years ago ...can that stop divorce I have three young children and wish to .marry again
chelsea - 29-May-14 @ 1:28 PM
Hi I was just wondering if you could please give me some advice I was with myx partner for over 19 years and we lived together for this time and had two children together ,our relationship come to an end just over to and a half years ago, in the time I was with her she ran up a considerable amount of debt in my name ,loans here and there which to be quite honest I didn't mind at the time as we were a familyand we both said we would pay it back together , now ive been left with over 20k of debt, also12 month ago she meet a fella and 6 month into there relationship she stopped paying the mortgage on our house that we still own together and has run up over 3000 pound of mortgage arrears, the mortgage company now want a payment or arepossession on the property as she hasn't spoken to them for the last 6 monthI have made every effort to try and stop it from getting repossessed by speaking to them at lest 4 times a week there is no equity in the property but I want to move back into it , and get the arrears paid off and back on track with the mortgage she vacated the property with her boyfriend one month agoand took all furniture that we built up over the years together, but before she left she got her boyfriend to change the locks on the house on the advice of a policeman ? Surely he can't give advice in a situation like this she is now trying to sell the house behind my back what can I do to stop her so I can move back in ???? Help please
smithy - 29-May-14 @ 10:23 AM
My wife has filed for divorce under grounds of unreasonable behaviour. She got me to agree to give her the house however as both of us could not afford to live separately we agreed that I continue to live as a tenant in the house until my son was old enough (two years). However she also has a terrible anger management problem and becomes very aggressive and violent when an attack comes on. She has now threatened to throw me out of the house and I have no where to go so I am really worried. Also I am scared that in her rage she may harm our child or herself. She has not informed the court about this problem. She cited my anxiety and depression as cause for the break up in our marriage, but I have undergone treatment. She has not and the court does not know that she has been psychologically bullying me for years or about the danger to all members of the family during her anger attack. Our decree nisi is now due in 2 weeks. What should I do? Should I inform the court about this problem?
Saga - 22-May-14 @ 12:32 AM
unsworn written or verbal statements in a county court are perjury under Evidence (Proceeding in other Jurisdictions) Act 1975 as inserted into Section 1A of the Perjury Act 1911 which requires two witnesses that statements are not true unlike sworn evidence that only requires one witness
President - 14-Mar-14 @ 9:05 AM
My ex lied about the registered name of our daughter in a Court hearing prior to ourParental Responsibility hearing. She wasn't aware I had copy of the birth certificate. What can I do with this info ahead of parental responsibility?
Rob - 2-Oct-13 @ 6:33 PM
Hi Lorna, My husband was divorced 7 years ago.His ex wife swore in court and on her financial statment that she was not cohabiting, and had no plans to for a further six months. My ex new she was lying because she had been in a very serious relationship for 2 years with a very wealthy guy who had bought a big family home so that my husbands two kids could have a personally decorated room each in it. They called him step dad, and within a few months of the divorce she was expecting his baby. Anyway she had kept her own house so he did not think he could prove anything. Now they are fighting a leave to remove case (lifestyle motive), where she is fighting to take his 2 children to live in oz with her husband (long term partner at the time of the divorce) and their child. His ex and her husband have written two statements arguing their case for why leave to remove should be granted, but in their statements the truth has slipped out and they admit they lived together for up to a year before the divorce went through, and that he took financial responsibility for the children from that time. Now to us this looks like a case of perjury, but we do not know what to do about it, with this current case ongoing. She has also lied in her leave to remove statement, (such as saying my husband did not ring his children for up to 12 days at one point, when his phone records which we have exhibited show he rang them 5 times in that period and 2 calls lasted for an hour!), but we realise this is not a sworn statement. She is a pathological liar with serious undiagnosed psychological issues.What should he do now. Please advise as our solicitor does not have a clue what he should do.thanks
sonnysgirl - 18-Oct-11 @ 2:04 PM
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