QLD Post Divorce Property Settlement

[RJay]

I was divorced in QLD about 4 years ago and my ex wife and I had a property settlement. When our child was about 1 year old (we were still married at this time) my ex wife and I commenced a Scholarship Fund (ASG in Victoria) for our Child. My wife and I both contributed to the fund as a married couple for about 18 months.

After our separation and since our divorce I have solely contributed to this fund for our child for about 10 years after our separation. I have now re-married and together my current wife and I have 3 children and we wish to re-arrange our finances in relation to education/Scholarship funds for all of our children and no longer wish to continue with the ASG Fund as we can no longer afford it. As my ex wife's name still appears on the original Fund and it was not part of our property settlement, ASG would not allow me to change the policy or draw the funds without my ex wife's approval.

My Ex wife refuses to allow any modification to the fund nor will she agree to remove her name from the Fund, even though I have offered to refund her contributions (through a solicitor) to the fund which was 50/50 for 1 year of an 11 year fund. My Family Law solicitor advised me The QLD Family Law Act makes no provision for me to ask for an order to be made that she remove her name from this fund and that it was a civil matter. I have also been advised by a barrister that there is no relevant Authority for me to make an application in the QLD Magistrates Court?

I have also received other community legal advice that the only way I can do this is to make an application to the Supreme Court of QLD, which I do not know how to go about or know if I can do this unrepresented? HELP!!

 

[rebeccag]

G'day @Roger dodger
You have noted above legal advice received from:

1. your family law solicitor,
2. a barrister, and
3. a community legal centre.

I would heed their advice. If you are going to make an application and self represent in the QLD Supreme Court, the QPILCH Self Representation Service may be helpful for you. Also see the Qld Courts "Representing yourself in court - Assistance and support" page.

 

[Sophea]

Assuming you have discussed all available options with AGS, I would sit down with your wife and try to negotiate some type of agreement before trying to tackle the Supreme Court by yourself. I am not even sure of what legal basis (if any) you would have to assert your wife's name should be removed from the fund. I assume since you have been advised you are limited to the Supreme Court, your only recourse would be in equity. However if you have paid into this jointly held fund for 10 years which was intended to be for the benefit of your daughter, I don't see what right you would have to turn around and claim it back under equitable principles. I am guessing your ex wife is not agreeing because she is trying to protect funds that have been paid for her child's benefit, and prevent you taking those funds to now distribute to the children of your new marriage, which is understandable.