NSW Family lawsuit

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Joepug26

Active Member
9 April 2020
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I am Currently seperated for approximately 9 month, my ex had taking a significant amount of funds out of joint bank account and closed bank account what legal avenues can i take or am i able to file a lawsuit.
 

Atticus

Well-Known Member
6 February 2019
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2,394
I am Currently seperated for approximately 9 month, my ex had taking a significant amount of funds out of joint bank account and closed bank account what legal avenues can i take or am i able to file a lawsuit.
So are you still able to access what is remaining in joint account?

What PERCENTAGE was removed before closing account .... 10%, 50%, 90%?

Do you know what the money removed has been used for?
 

Joepug26

Active Member
9 April 2020
5
0
31
So are you still able to access what is remaining in joint account?

What PERCENTAGE was removed before closing account .... 10%, 50%, 90%?

Do you know what the money removed has been used for?
No the account has been closed by partner without my knowledge. Partner had taken 100% of funds apparently partner has funds in account in only there name.
 

Atticus

Well-Known Member
6 February 2019
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149
2,394
No the account has been closed by partner without my knowledge. Partner had taken 100% of funds apparently partner has funds in account in only there name.
Okay .... So I should have also asked what sort of amount we are talking about?
 

Atticus

Well-Known Member
6 February 2019
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A significant amount then ..... Way beyond what could be considered money to buy essentials that would allow that person to 'move on' with their life pending a property settlement (which is considered a legitimate reason in family law)

So a few options ...

1) Ask for at least 50% to be transferred to an account in your name ..... If sh/e refuses to discuss it or refuses, invite them to mediation ( you will need to attempt mediation anyway before fling for property orders)

2) If mediation fails, you file an initiating application with the family court for property settlement, along with an interim order for $xxxxx amount or an application for spousal maintenance pending a final order ..... if you are going to do this DO IT ASAP .... If that money gets spent, you are going to have a VERY hard time trying to find out what it was spent on & if it is grounds for an add back under family law ..... DON'T DELAY

If /when a settlement is filed, the court can go back over 12 months or more preceding separation to look at finaces, so make sure you have as much proof as possible of your finances from at least 12 months prior to separation to settlement time

3) IF the removal of that money means you are now unable to pay for essentials then you can seek a family violence order on the grounds of financial abuse (taking control of finances, stopping access to joint account etc) ..... That will have the effect of bringing that person before a magistrates court fairly quickly .... There you could negotiate to have some money restored to you
 

Atticus

Well-Known Member
6 February 2019
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Should aslo have mentioned at point 2 above .... as part of your interim orders, seek an injunction on any further use of that $600K
 

Joepug26

Active Member
9 April 2020
5
0
31
Very appreciated for the responses i was hoping that i would be able to file a lawsuit against ex partner as family law court could be a problem as she has alienated me from our 3 children