I was hoping someone could provide their opinion on the following matter.
I was in a relationship with an Australian citizen. We had 2 joint bank accounts. Before leaving the country I went and spoke to a branch manager who told me he would put a freeze on 1 account, and leave the remaining account unfrozen to take care of things which suited me fine. At this stage, my former partner was refusing to cooperate.
Term deposit - locked in for a term to earn interest. Reasonably sized balance. Now matured. (FROZEN by bank manager)
Everyday account - Small balance (Not frozen to allow certain things to be paid)
At that time, I was told by the branch manager that it would require both signatures to access the money. Which suited me because it meant she couldn't run away with all of it.
Since then, the consent orders have been drawn up. They have just been filed and stamped by the registrar as received, and the hearing set for this coming Thursday. So in preparation for this, I was advised to contact the bank and request any documents required to release the money and close the account, and split money etc.
So that's all good, until today when I contacted the bank using the overseas number, who told me that I could in fact withdraw all the money right now, transfer it to wherever I please and close the account, using only 1 signature. I'm astonished. All this time, my former partner could have done just that.
I'm assuming she will be advised to go to the bank and request paperwork or find out what's involved in complying with the orders, and I'm worried if she does they will advise her she is able to withdraw all the money and do as she pleases. Leaving me out of pocket.
I'm an honest person, I'm not going to take all of it. However, who knows what she may do.
So...
- Should I withdraw the money and send it to the solicitor's trust account before that happens? Then advise the solicitor on Monday morning that after receiving the information that it only required 1 signature it was the safest thing I could do. Then either withdraw the application for consent orders and settle without using the consent orders, or withdraw and change the consent orders to state that the money is now held in a trust, and continue to split it as before.
- If I wanted to I could transfer it all here and disappear, if I wanted to do that, I wouldn't be here asking.
- If I leave the money there until the hearing date, it's possible she could take it all and run.
- The consent orders have been signed by each party, stamped by the registrar to say received but the hearing hasn't taken place yet. So, would there be any problems arising from me transferring all the money to the solicitor's trust account?
To my knowledge, even as a joint account which only requires 1 signature to make decisions, if the bank can allow me to withdraw the money then I shouldn't have any issues. Does signing a consent order that has been filed at court, but the matter not heard by a Magistrate, would that affect my right to withdraw the application for consent orders up to any time before the hearing date?
I was in a relationship with an Australian citizen. We had 2 joint bank accounts. Before leaving the country I went and spoke to a branch manager who told me he would put a freeze on 1 account, and leave the remaining account unfrozen to take care of things which suited me fine. At this stage, my former partner was refusing to cooperate.
Term deposit - locked in for a term to earn interest. Reasonably sized balance. Now matured. (FROZEN by bank manager)
Everyday account - Small balance (Not frozen to allow certain things to be paid)
At that time, I was told by the branch manager that it would require both signatures to access the money. Which suited me because it meant she couldn't run away with all of it.
Since then, the consent orders have been drawn up. They have just been filed and stamped by the registrar as received, and the hearing set for this coming Thursday. So in preparation for this, I was advised to contact the bank and request any documents required to release the money and close the account, and split money etc.
So that's all good, until today when I contacted the bank using the overseas number, who told me that I could in fact withdraw all the money right now, transfer it to wherever I please and close the account, using only 1 signature. I'm astonished. All this time, my former partner could have done just that.
I'm assuming she will be advised to go to the bank and request paperwork or find out what's involved in complying with the orders, and I'm worried if she does they will advise her she is able to withdraw all the money and do as she pleases. Leaving me out of pocket.
I'm an honest person, I'm not going to take all of it. However, who knows what she may do.
So...
- Should I withdraw the money and send it to the solicitor's trust account before that happens? Then advise the solicitor on Monday morning that after receiving the information that it only required 1 signature it was the safest thing I could do. Then either withdraw the application for consent orders and settle without using the consent orders, or withdraw and change the consent orders to state that the money is now held in a trust, and continue to split it as before.
- If I wanted to I could transfer it all here and disappear, if I wanted to do that, I wouldn't be here asking.
- If I leave the money there until the hearing date, it's possible she could take it all and run.
- The consent orders have been signed by each party, stamped by the registrar to say received but the hearing hasn't taken place yet. So, would there be any problems arising from me transferring all the money to the solicitor's trust account?
To my knowledge, even as a joint account which only requires 1 signature to make decisions, if the bank can allow me to withdraw the money then I shouldn't have any issues. Does signing a consent order that has been filed at court, but the matter not heard by a Magistrate, would that affect my right to withdraw the application for consent orders up to any time before the hearing date?