My son was married in 2009. He had a mental breakdown in 2013 and has since been on a disability pension. In 2015 his

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Customer: My son was married in 2009. He had a mental breakdown in 2013 and has since been on a disability pension. In 2015 his then wife applied for and obtained a tpd payout of approx $180,000 from his insurer. she opened an account supposedly in both their names but unbeknown to him in fact was only operated by her. They divorced in 2019 and during the course of the property settlement she stated there was nothing in that account. When He asked the bank for statements he was told that the account was in her name only and refused him access. He was under the impression that there would be money in this account. Can she be charged with fraud in this case. She has always been totally in charge of their finances because of his condition.
JA: It's justAU$5for a 7-day JustAnswer trial. After that, it'sAU$66per month. What state/territory are your son and his wife in? It matters because laws vary by location.
Customer: Victoria
JA: What steps have they taken so far?
Customer: a property settlement has been registered in court. She refused to provide statements for that account saying there was nothing in it.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just wanted to know if there was a possibility of her being charged with stealing that money or is it considered marital property and it doesn’t matter who spent it
Answered by John Melis in 5 mins 1 year ago
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.
With the correct defence, for charges will not occur.
There are various defences you can raise to minimising the penalty.

Some of these defences include sudden emergency, duress, compulsion, coercion, provocation.

One of the main supporting factors in running your case is to obtain three affidavits in support of your position.

The affidavit should detail the person who signs it, knows of the offence, and that you still hold a positive character.

​​​​​​​Does this help with your question today?

Customer
John I just need to know if my sons ex wife did anything illegal in depositing his tpd insurance payout into an account entirely operated by her and spent the entire proceeds without his knowledge during the marriage.
Customer
A general answer on here would suffice
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John Melis, Expert

If the wife had authorised access to those funds then nothing illegal has occurred.Does this help with your question today?
Customer
By authorised access do you mean my sons consent. He signed the authority for the insurance company to deposit the funds in that account but was under the impression it was in both names
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John Melis, Expert

your sons consent. If that was not extended with respect to the payment handling, then there would potentially be a claim.
Customer
Thanks John. Can you give me a brief outline of where he needs to go to potentially lay charges against her.
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John Melis, Expert

Thank you for the follow-up. What I suggest you do is take all the information you have to your local lawyer as your local lawyer will then be able to peruse all paperwork, bank account statements, to work out which direction the claim will move forward from there.You’re handling this matter very well.If there is anything else, big or small, that I can help you with today, please let me know?It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.
Customer
Thank you John. I appreciate your time today.
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John Melis, Expert

I wish you a safe and pleasant Tuesday afternoon.
Customer
you. Have a good one
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John Melis, Expert

Thank you kindly.
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