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.
If you need to respond to false claims made under oath in divorce proceedings, you may find it helpful to use our Court Statement Writer.
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.
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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.
I'm thinking that this is perjury but if someone is that desperate for a marriage to end, then I'm kinda getting the message.
I've just signed the form saying I'm not contesting. I'm wondering if the court run checks (I don't know if they look on social media or do any other checks) and it comes out could I get into trouble for not disclosing the truth?
TIA
He also told the judge o was served by email
I was not
I’m assuming he have a false email to his attorney
The divorce is now finished but I have not yet received my settlement
As he is agreeing I can have custody of the children if I give up my settlement
Can I prosecute him with regards to the perjury
Thank you
I was unable to attend court in Texas as I had a car accident and was living in the uk
I was unable to travel the divorce went ahead
There is much more csn I prosecute just on the above?
In retaliation I started to talk to girls online but unfortunately she got access to my computer and called off the marriage saying that this will be a nasty divorce.
Straight away she started dating a guy who I suspect she knew previously which devestated me as I basically was all talk no action as I really wanted to keep my marriage. I approached the guy and sad if you are not serious please leave us alone as I am trying to save a family.
Two weeks later I got a text from him saying “you can have your wife back and stop feeling sorry for yourself.” I thanked him and we started going out on family outings again and I even slept in the same bed as my wife (though no touching)
The following month we entered a fun fair with the boys and took one each and agreed to swap them over regularly. When she didn’t turn up to one I went looking for her and my youngest son. I found her sitting with her family and that guy was alongside her. I then made the biggest mistake of my life. On realising it was him in front of 20000 I punched him three times in the face before I realised what I had done then exited the arena.
No charges were laid but the guy has milked it for everything and it has been used to destroy my life. I tried to apologise for striking him but he would not look me in the eye instead sending snide texts about me when I was standing with my wife outside the courtroom while she said she would see him between 1 week and a year wtf
The next two months went in a blur till I was contacted by my ex who told me she had seperated with the guy and would never see him if I signed the divorce papers. I did not want to sign them but agreed to give everyone closure. Guess what ten days after the divorce she announced she was back with him. This pattern has continued for 8 years even though the guy is now borderline obese and has to wear hats 24/7 as he is paronoid about his bald head.tgey have never lived together.
Worse though is he got her to try and get me banned from my own kids sport as he is not man enough to be near me even though I haven’t spoken to him for 8 years by getting her to put a DVO on me. Lucky as I had never committed physical violence on her the conditions were minor and it was only put in place due to my texts telling her what a disgusting person she was for backtracking on the divorce pledge. He put an affidavit in but was too pathetic not to come to court to be cross examined on his lies so it was excluded,
The order ends in two months . Who knows when the nightmare will end
I have received the Statutory Declaration form dated 23rd March 2017.
Due to the serious nature of the error and the need for two people to sign, I am willing to sign the correction when the document clearly states the facts. I feel that if I sign the declaration as it stands to date that I may be committing a criminal act.
Fact I am willing to sign the truthful part of the case is as follows
1. the man named as the child's father was not present at the time of registration and did not sign the register page.
2. That at the time of the registration no details relating to the child's father should have been recorded.
I feel that the information is incorrect and still an error
1. That the information for the birth was given by the mother of the child alone.
On letter dated 8/February/2017 clearly stated that
As previously confirmed by this office examination of the register entry indicates that two people attended the register office to give information for the registration. This is confirmed by the fact that the qualification shows the word 'Mother and Father'.
In defence of the mother if she is correct as her letter on the 16/08/16 states. And you have added this to the Statutory Declaration Document.
Quote “There wasn't anyone with me purporting to be there father I signed the register myself. I wasn't aware that there would be a problem with this as the registrar apparently allowed it”
Yet on the Statutory Declaration there is no reference to the Registrar acting unlawfully. If this is the case an error took place and would of caused the serious nature of the error and this should be worded accordingly.
Even though I believe that the Registrar is innocent of the accusation made by the mother
This needs to be established before I can sign the correction. When the document will clearly state the facts and clear any inaccuracy on the Statutory Declaration Document. At the moment its left unclear and this is the reasons why
That the information for the birth was given by the mother of the child with a unidentified Male.
That the information for the birth was given by the mother of the child alone. That the registrar acting unlawfully and allowed the entry.
Kind Regards
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