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John T.
John T.
Warren, NSW

Wife and I seperated 2yrs trying to negotiate a settlement.
We had a joint account in both names that she froze. The funds have been released by a cheque issued in both names, I asked it to be sent direct to the solicitor acting on both our behalf, but they said they could only send it to the account holder.
My wife received the cheque and has cashed it into her personal acc, she now tells me she has spent the money.
Was it legal to cash a cheque issued in both names? I think not.. Thanks

4 years ago


You need to talk to a family lawyer about this. There are a number of issues that it raises that you should address with a lawyer as soon as you can. A lawyer can't act for both parties where there is a conflict between the parties and it seems that you now have a conflict with your wife.

Hi John,

Generally speaking, you should speak to a family lawyer urgently to discuss negotiating a formal property settlement or commencing proceedings in the Family Court.

Kind regards,
Rebecca Watts, Solicitor

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