WA Property Settlement - Ex Using Joint Savings to Fund Legal Representation?

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Becboo

Active Member
20 October 2016
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31
Hi, hope you can help.

Going to a first court appearance in May for my child (son, 18 months old) and property settlement. We were together for 6 years. I've yet to be granted Legal Aid so I may have to represent myself. How would it look to magistrate if my ex has used all of our savings approx $60k on legal fees, holidays, and a party lifestyle which I can prove and left me without anyway of covering bills when I was a stay-at-home mum but helped him start his business?

Would he be forced to find it ie- (take out a loan) even though it's gone? Hes going on a six-week holiday and is self-employed so it won't be paid hols either. I've been trying to find judgements where this has happened but struggle to navigate the database. He also said to me via text that he would rather spend every cent on a lawyer than give a cent to me.

Thanks
 

Lance

Well-Known Member
31 October 2015
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2,394
Hi Bec,

Yes, if you have records from your joint savings account, he can be asked to justify were the money went. I can't say I have any case law that springs to mind but a colleague has just gone through the Family Court of WA, her spouse spent hundreds of thousands that had been left to her (inheritance) and has had to get a loan to pay it back. The family court will consider all of this in determining settlement.

I will keep an eye out for relevant case law.
 

AllForHer

Well-Known Member
23 July 2014
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Yes, you can apply to have those funds placed back into consideration of the joint asset pool as "add-backs".
 
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Becboo

Active Member
20 October 2016
14
0
31
Hi Lance,

I've asked for spousal maintenance but he out right refuses to help other than a very reduced child support payment he gives me which is based on about a third of his actual income. I've lodge my assessment with child support to investigate.

I'm also worried that the money has been transferred to a relatives account and he is planning on taking it to the UK with him at the end of the month. He's also left me with the $2500 per month mortgage to pay which i have covered but it was from the partial property settlement amount.

I would be interested to know which magistrate was involved in your colleagues case?

I'm doing everything I can to prepare myself for self representation and knowing what to expect from my magistrate is something I think will greatly help me prepare. Why does the WA Family Court not share up to date case files unless they have a media profile? It's very frustrating for those who need to research.

This guy takes narcissism to another level and his actions continually contradict what he says and writes.