VIC Ex refusing consent orders

[BlackxxAssassin]

What is the usual process when 1 party refuses to sign consent orders?

Quite frankly I think she is just trying to drain my money.

Do we go to mediation? What would the average cost of mediation be (Couple of hours)? Knowing that it depends on how long it would last, but I'm trying to work out if it is in my best interest to continue or to just cut and run. I want to get this settled ASAP, but financially don't want to end up broke and lose everything I have.

Thanks

 

[Atticus]

Are you doing parenting orders, property or both together ?....

 

[BlackxxAssassin]

Just property.

Essentially I'm asking for:
-50/50 split on joint account.
-50/50 split on lease break fees
-That a solicitors trust account be used to pay the remaining rent on the joint lease.
-We both retain all other property in our sole names and respective possession.

Approximately 2 weeks ago she was on board and agreed that we needed to split the joint money, close the joint bank accounts. Obviously with me out of the country soon, the only way we could safely do this was using a solicitor.
Once she received the paperwork from my solicitor she is claiming I've made everything difficult, that she doesn't agree and if i don't agree to whatever her demands are, she won't agree to mine and we go to court if we have to. I don't think she has any understanding of the financial implications that would cost.

On a side note, we were in a defacto relationship for approx. 3 years. It was a registered relationship. All of the furniture we used belonged to me, I had bought it all and paid for it all before we had moved in together by myself from my own account. Because I am on a temporary partner visa and will have to leave soon I sold all my stuff to a close friend, as:
1. I was under the impression that since I had paid for everything, they were mine, and I was free to do what I wanted with them.
2. The little stuff she bought with our account, she took when she moved out.
3. I offered her some of my stuff too, as I'm leaving, therefore needed to downsize very quickly.
I've been reading a lot on this forum, would she have any "equitable claim" to the furniture we had?
I mean, it's gone now.

 

[Atticus]

I've been reading a lot on this forum, would she have any "equitable claim" to the furniture we had?

Short relationship generally means that each person retains what they bought into the relationship... The furniture you had even if included in an asset pool for division would only be it's it's worth on the second hand market..

Just going on the info you have provided here, I think your offer is fair & equitable... If it's going to make the process easier for you, you could offer her 50% of whatever you reckon the furniture was worth on the second hand market...

What are her demands?

 

[Rod]

Why do consent orders at all?

Just split the assets as DIY and go live separate lives. Pay the break fee and rent out of joint funds and 50/50 the rest.

 

[BlackxxAssassin]

Rod, the reason we need to do consent orders is because the savings we have is held in a term deposit until 12th August (Cannot access it).

We have 2 joint accounts, 1 being used for everyday(Not of big concern), the other a term deposit. ($80k to be split 50/50)

I went to the bank a number of weeks ago, finding out what options we had as to release the money early.
Essentially, it was up to the branch manager's discretion, and he refused unless I could get a letter from Immigration stating that I would have 28 days to leave the country due to my visa situation, and even then, he said he couldn't guarantee an early release. (Asking Immigration for any sort of documentation is in my experience always time consuming, and in this instance time isn't on my side).
Then, naturally he put a freeze on the account because it's a joint account and there's a dispute.
This then requires 2 signatures upon the release date. Since I won't be in the country there's no way I can sign it. I can't trust her to take the money out and send me half.

I'm dealing with an ex who has all the financial support in the world, and is heart-set on making my life as difficult as possible. Not sure how to put it to be politically correct, but with her beliefs this money is of little to no value to her. About 3 weeks ago she said she was happy to write the money off and let the bank have it.
Then when she went to the bank (different branch) they told her I had applied to release the funds early and I was going to run off with all the money and it was a case of whoever gets there 1st. (Not true and not sure how she got that response). Then all of a sudden, I got a call from her and she wanted to arrange to get the money out because she didn't want me to have all of it. I told her the only way we could do it was getting a solicitor to take the money and split it, she agreed.

The day after my solicitor sent the paperwork asking for her comment she contacted me telling me she doesn't agree with some of it. She wouldn't elaborate and just said "my lawyer will send you a letter and if you don't agree i won't sign anything and if you want we can go to court". I'm still waiting on her response which is why I couldn't reply to Atticus above.

In all the time this has been going on, she has contacted 2 of my family members on Facebook, accusing me of having a child back home (not true). I can't help but laugh, I mean she has completely lost her mind. For me, it's about getting my fair share (50/50) and moving on with my life. For her, I have come to many conclusions but essentially she's just fighting me every step of the way to prolong this.

I am due to fly home next week, and after budgeting money for this I will be back living at my parents with around $1000 to live on until this is sorted out. If the solicitor asks for more money I will have to put this off until I gather the funds to continue. I want this sorted ASAP but it feels like she thinks it's a game.

Sorry if that sounds like a rant, consider it context.

 

[Atticus]

he put a freeze on the account because it's a joint account and there's a dispute.
This then requires 2 signatures upon the release date. Since I won't be in the country there's no way I can sign it. I can't trust her to take the money out and send me half.

Is there anybody here in Australia that you can trust to appoint them power of attorney for a period of time (meaning they can sign documents & deposit transfer funds on your behalf). The bank would need to allow this..... I assume if no arrangement is made by the maturity date then the bank would roll it over into another term..

Consent orders via a solicitor will not be cheap or quick, multiply those 2 by X if your ex is not cooperative. So much better for you both if you could just settle it as Rod has suggested.

 

[BlackxxAssassin]

I have a hard time trusting people. I wouldn’t have anyone to trust to do that.

When I asked the bank. If it would be a possibility to have half transferred into 1 account and the other half into another they said they couldn’t do that. It all had to be deposited into 1 account.
So the only option would be to have it transferred into the joint account we used for everyday expenses which, once in there is fair game to whoever gets there 1st. A power of attorney couldn’t do anything in that sense if she transfers it all to her own account.
Likewise if I had someone who was able to sign it, get it in their bank account she would be guaranteed to disagree and fight it every step of the way. There is nothing forcing her to sign the release forms, she is financially stable, hence why I think my only option is via consent orders.

The money will be held in a withholding facility until arrangements have been made, not reinvested for another fixed term. No issues there.

When I read your last paragraph, I read it as multiply by 2. Then I realised I misread it. I know it will be costly, but I can’t see myself losing money in the long run. Maybe I’m being naive.


Would there be a chance she could ask for more money as a result of having that home loan?
Long story short, she has this loan 50/50 with her mother- that was the only way the bank would give them a loan.
In all the time we lived together she never made a payment to this mortgage. Her mother, father and extended family all live in the house, the majority on Centrelink payments and the money gets taken out of her brothers account. It’s all a recipe for disaster in my opinion but none of my business. I’m guessing the judge will consider this? Would that be grounds for her to ask for more?

My head is spinning running through different scenarios, I’m happy to bend a little bit her way if needed just to settle this, I mean in my opinion 50/50 is the right thing, but obviously it’s up to the judge.

I think the main question I have right now is if and by how much could the home loan affect this. Everything else I will just suck up until someone contacts me with the list of her demands.


Thanks again for taking the time to reply, I’ve noticed that there is a small number of names that keep recurring throughout this forum with very helpful replies and obviously wisdom/knowledge. I really do appreciate the help and I wish I could be of more help to others on this forum.

 

[sammy01]

Options - offer her 55%.
Options - So just checking... The bank won't release the $$$ until both of you sign? is that right? Let the $$ sit in their trust account, surely the lure of $40k is enough for her to come to an agreement?

 

[BlackxxAssassin]

That’s correct Sammy. You would think that the money would attract any normal person to come to an agreement.
I would be happy to settle at 55/45 for her if that meant it would be done and dusted. If I offered her 55/45, I believe she would see that I am desperate for money, then just keep pushing for the boat out farther though. It’s not about the money for her it’s about making my life difficult.

I’m just waiting for a formal letter stating what she disagrees with. At this stage I only have a text message from her that says she doesn’t agree and won’t sign it. I asked what her problem was but she wouldn’t elaborate.

How do you solve a financial issue with someone whose previously said she is willing to let the bank keep the money?