QLD How to Get Conveyancing Lawyers to Release Money?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Justmeandi

Active Member
23 February 2016
11
0
31
Hi everyone.

My wife and I have agreed to a property settlement and the consent orders have been signed. We have the proceeds from the sale of the house held by the conveyancing lawyers. I want the money released now as it is my impression that if we both sign, it can be released.

Simply put...I can no longer pay rent, I have to pay my arrears by the end of the month but I have no means. Other bills are overdue and I desperately need this money. My wife says the family court can only release the money. I believe she can if she agrees to sign the release.

Please Help?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
What do the consent orders stipulate about the proceeds from the sale of the property?

Is you wife refusing to sign? or is she saying she can't sign because of the family court orders? Your family law lawyers might be the best ones to answer this query.
 

Justmeandi

Active Member
23 February 2016
11
0
31
We have both signed and I have confirmed with her lawyer that the consent orders have been sent for processing. We agree to 50-50 house, but overall it is 65-35 in her favour.

I was hoping we could just go to the conveyancing lawyers and sign the release after six months. I have no idea how long it takes for the orders to be approved but I really am desperate for the house money.

I had time of work due to this situation and now there is nothing left and nothing coming into my savings. We agreed, I believe we can release the money. Am I correct or not? It is dire, I must now pay overdue bills. I hope I have given the info needed?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
We have both signed and I have confirmed with her lawyer that the consent orders have been sent for processing.

Sounds as though the court has not yet approved the orders. It would be prudent for the other party not to release any money, however you may be able to convince them to agree to a partial release of money, subject to conditions they may stipulate.
 

Justmeandi

Active Member
23 February 2016
11
0
31
Sounds as though the court has not yet approved the orders. It would be prudent for the other party not to release any money, however you may be able to convince them to agree to a partial release of money, subject to conditions they may stipulate.
I have asked but she ignores my request. Her wealth has increased due to the support of her family and I don't think she understands. She lives rent free and received an inheritance but that is of little comfort to me. I am hoping she is compassionate but I am not expecting it. I will destroy my credit rating and rental credentials so this is hugely important.

Can I go another way to have a small portion released?

Thank you for your help so far Rod, it means a lot.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Have you asked your family lawyers?
 

Justmeandi

Active Member
23 February 2016
11
0
31
Unfortunately not. It seems I will have to make ends meet until approval. I only have myself to blame for my dilemma. Does anyone have an idea how long consent orders take to approve? It Is only financial and not for the arrangement with the children.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Best to ask the court itself.