VIC Consent Orders VICTORIA

[sammy01]

I kinda agree with Atticus... But - you transfer your share into solicitor's account. She realises this and transfers her bit to her personal account. She has her money, your solicitor has your money...
Transfer it to your account if you're gonna do anything.

 

[BlackxxAssassin]

-Atticus - I wouldn't have a record of the call except a call log on my phone. It also never crossed my mind to place a freeze on the account because I couldn't believe the bank didn't do what they said.

-Sammy01 - I do understand where your'e coming from also.

After the consent orders have been filed, is it still possible to withdraw them before the hearing date? If I withdraw half, and she realizes she can also do the same, then the best thing to do is withdraw the application for consent orders.

 

[Atticus]

If I withdraw half, and she realizes she can also do the same, then the best thing to do is withdraw the application for consent orders.

Court orders are not just to direct how assets are to be divided, they are also a formal, legally binding document to finalise your financial relationship.... Meaning neither party should be able to file for future claims.

You have come this far, paid the filing fees etc. There is little point in withdrawing them now IMO.... Is half of the account what you have agreed to in the orders?..... Or consider calling the bank again immediately to freeze the account pending final stamped orders

 

[Rod]

consider calling the bank again immediately to freeze the account pending final stamped orders

^^ this

 

[BlackxxAssassin]

Atticus - There shouldn't be any future claims from either side because we have both agreed on 50/50 as per the signed application for consent orders.

So for instance, if she decided to pursue this in future, I could use that as evidence against it. 50/50 works out more in her favor as I earned 57% of the income during that time and we both contributed equally in all instance in the relationship. I suggested 50/50 in the beginning to get things settled as quick as possible. She owns equity in a house from before our relationship.

So providing that 50/50 on both joint accounts is approved (Can't see why not) her total net worth would be $141,000 and mine at $53,000. And that includes only an estimate of the value of her property, which I believe to be under valued significantly.

Judging from your answer, I would guess it is still possible to withdraw the application after the date of filing.


Rod - The bank has been asked on 2 separate occasions by myself to ensure there is a freeze on both accounts (Verbally, in branch), and that both signatures are required to make transactions. Now I've just found out that is not the case, and have little faith that the bank employee can in fact do so.


As a side question, if I own a car, I'm responsible for getting a valuation for said car. Same with my former partner. She owns a share of a property and has an estimated value of said property in the application. When I spoke with my solicitor I was advised if I disagreed with the estimate (No evidence who estimated the value) I would be liable to pay the cost of obtaining a professional valuation. (Costing around $1000). Can anyone confirm if that's true, and how it makes sense?

 

[Atticus]

Atticus - There shouldn't be any future claims from either side because we have both agreed on 50/50 as per the signed application for consent orders.

I just don't see the point in withdrawing it.... Also send an email to your branch manager stating clearly that the account needs to be frozen immediately as per earlier instructions pending a formal asset division.... That way you have a paper trail..

When I spoke with my solicitor I was advised if I disagreed with the estimate (No evidence who estimated the value) I would be liable to pay the cost of obtaining a professional valuation. (Costing around $1000). Can anyone confirm if that's true, and how it makes sense?

The car being a depreciating asset would carry less weight in a property dispute than real estate (assuming the car is not a collectable or such)... If you disagree with a real estate valuation, the quickest way to rebut it is to get your own valuation... You could spend more on letters between solicitors about the valuation than the $1000 to just get it done yourself, that's my opinion anyway

 

[BlackxxAssassin]

The whole point of withdrawing half is to ensure that if she's been advised to make inquiries on how to go about closing the account etc and settling this, she doesn't find out it's possible for her to do take half now, or worse, take it all.

I'm honestly looking at doing the following:
-Contact solicitor on Monday morning. Ask if it's possible to withdraw the application for consent orders.
-If they say No, i would get the account frozen immediately.
-If they say yes, I can withdraw the application, i would contact the bank immediately and transfer half to myself and half to my solicitors trust account.
-I would then call my solicitor back immediately and advise them of the transfer, and to withdraw the application.
-On confirmation that the money has arrived in both mine and the solicitor's trust account I would close the account. I would then advise my solicitor to contact my former partner and explain that the bank failed to freeze the account, and I done what I did to prevent my former partner from taking the full balance. I would advise them to make arrangements to transfer my former partner her share of the money.
-I would email my solicitor a bank statement as evidence of a 50/50 split and evidence of account closure.
-There isn't much more to the consent orders other than these 2 accounts, and the revocation of a registered relationship certificate which I can add the cost of doing so to the balance of my former partner's share and advise them to do so, as I believe it isn't possible for me to help in this process anyway, from overseas.

I don't see how this can come back to haunt me. We had signed an application for 50/50 split, and the Magistrate would have little to no reason to refuse.
Putting the I've already gone through the whole process of paying for this aside, this whole post is based around the fact that I'm now aware it's possible to settle outside of court. Any opinions on the above plan?

 

[Atticus]

The whole point of withdrawing half is to ensure that if she's been advised to make inquiries on how to go about closing the account etc and settling this, she doesn't find out it's possible for her to do take half now, or worse, take it all

Any opinions on the above plan?

Mate... You seem to be making this incredibly complicated...

Why don't you just call the bank Monday (or right now if they offer a 24 hr phone service for urgent matters as some do) ask the status of the account... If it's frozen great, you will NEED a court order to have the funds released... If it's not frozen & they allow it, withdraw the amount you have proposed in your consent order (50% I believe) into your own account.... If it's not frozen but they won't allow you to withdraw, then they won't allow her to either.... that said, I would insist they freeze it IMMEDIATELY while they have you on the phone

Just let the orders go through as planned... I still don't get why you want to have it stopped.. It's paid for & will be a legally binding document to finalize your Financial relationship... that's a good thing.