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History: Home UK Divorce Forum
FDA Hearing in 1 month (7 Posts)
Started By:
03 April, 2017 03:38PM
FDA Hearing in 1 month
suman - 03 April, 2017 03:38PM
Hi All,

The FDA hearing is in a month. Ex is abroad for work currently and moved out of the matrimonial house. He is moving large amount of money in joint current account. Worried he is going to empty the accounts and leave. We have a 5yr old child who lives with me in the matrimonial house (mortgage solely in his name). What can I do to protect my child and my rights? It's a 12yr marriage.

Thanking you in anticipation.

Re: FDA Hearing in 1 month
suman - 08 April, 2017 04:22PM

Can someone please give some guidance.

Re: FDA Hearing in 1 month
Bubblegum - 08 April, 2017 04:46PM
You should register matrimonial home rights on the property. You should also speak to the bank with regards to joint accounts. If funds are being deliberately moved, then you have the option of telling the bank that the account is in dispute and they can either freeze the account or require that both signatures are needed for withdrawals of larger amounts or for overdrafts etc.
Re: FDA Hearing in 1 month
suman - 09 April, 2017 06:26PM
Thank you Bubblegum. Do I need to give notice to ex or his solicitors before I inform the bank? Sorry, forgot to mention, matrimonial home rights already in place. Will that stop ex from borrowing additional funds from the equity of the property?

Thanking you in anticipation

Re: FDA Hearing in 1 month
Bubblegum - 09 April, 2017 07:45PM
The MHR is a charge which is registered with the land registry, so it will prevent sale and it will also prevent further loans being obtained. I'm not sure where you stand if he tries to increase his borrowing with an existing lender as I'm not sure they would check the land registery. It may be worth sending a copy of your MHR and a copy of the land registery to the existing mortgagee just to make sure they are aware.

The problem with giving notice of freezing the account is that it's basically an invitation to clear out the account. How much money is in the account? Does his pay get paid into it? How much has he already withdrawn? And do all the direct debits go from it? I would still speak to the bank and take their advice. He will have to account for where the money he has withdrawn has gone anyway - setting up a new home maybe?

Are you claiming child maintenance?
Re: FDA Hearing in 1 month
puma931 - 10 April, 2017 07:33AM
In my experience with Barclays a joint account can be closed by one party and funds transferred into another account. They did not require permission or signature from the other person.

Edited 1 time(s). Last edit at 10/04/2017 07:34AM by puma931.
Re: FDA Hearing in 1 month
Andyk - 10 April, 2017 08:19AM
It depends on the way the account is set up,if it is one person to sign or both to sign.
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