My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
If the account does not exist then issuing a subpoena on the bank will also result in no documents being produced.
The Family Law Act requires full disclosure of all assets in the names of the parties. So if there is anything you are hiding then you have an issue, because even if you settle and have orders, if it is found out later the orders can be set aside.
They have a right to ask for everything that is in your name at the time of the application and in the past. The same applies to your ex husband. You can do the same to him.
You can oppose a subpoena on the basis that it is a fishing expedition.
Here is some information on setting it aside
I hope this makes sense and is of assistance. If there is nothing further
thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.