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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We have a joint bank account and we are getting divorced. If

Resolved Question:

We have a joint bank account and we are getting divorced. If my wife takes all the money from the account and puts it into her sisters account then do I still have any rights of getting part back as part of divorce
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Are you in England or Wales? How much money is in tge joint account?

Customer: replied 1 year ago.
we have 142K gbp in England and 100K USD in a US bank account. we have been living in Texas and now moved back to UK. my wife has taken all funds from both accounts and put them into either her own new private account or sisters. we have also 2 children aged 7 and 9
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, given that it is a joint account you would both have been free to use it as you saw fit. However, given that you are now pursuing a divorce and the amounts transferred are fairly substantial you should consider pursuing an urgent application for a freezing injunction in relation to both bank accounts if you can demonstrate that she has done this in order to defeat the assets being considered as part of the financial settlement.

If divorce proceedings have been issued you can submit a Form A (for financial relief), together with a D11 (for a freezing injunction) together with a statement regarding the transfers and reasons you believe she has done this to defeat a claim by you to consider these assets. The applications should be submitted urgently to your family court and if you attend in person you can be heard the same day. The court fees will be £255 and £155 respectively. If divorce proceedings have not been issued then the petition can be included in the above application simultaneously due to the urgency - the court fee for the divorce petition is £550.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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