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My former spouse is not complying with a financial order from the Court, what are my next steps?

 

Often concerns are raised by our family law clients with respect to the failure by a party to comply with an order of the Court.

Financial Orders can be made by consent between the parties, during the proceedings on an interim basis or as final Orders to resolve a dispute. Once the parties agree, Orders are entered by the Court and thereafter have the full force and effect of a Court Order. The Orders usually provide for a timeframe in which the parties are to comply. That is, they may have 14, 28 or 42 days. Where a party does not comply within the timeframe stipulated in the Court Orders there are two options available for enforcement:

  • If the Court Orders contain a Section 106A provision, the party seeking enforcement of the Court Order may write to the Court and request the Registrar to execute a document or instrument on behalf of the non-compliant party so as to give effect to the Court Orders.

This option is only applicable where there is a document, deed or instrument that needs to be executed for there to be compliance with the Court Orders.

  • If the contravention of the Court Order does not involve a failure to execute a document, deed or instrument, then the party seeking to enforce the Court Orders must file with the Court:
    1. (a)  An Application for Contravention;
    2. (b)  A supporting Affidavit which details the contravention or breach by the other party; and
    3. (c)  A copy of the existing Court Orders.

Such documents are required to provide the Court with sufficient information and context to identify the contravention. The party also seeking to enforce the orders must ensure that attempts have been made to make the non-compliant party aware of the breach or contravention and that Orders are to be sought to enforce same.

The party alleging contravention on the part of the other party and seeking compliance with the Court Orders must also ensure that they have complied and done all things required of them as stipulated in the Court Orders.

It is important to seek legal advice when filing an Application for Contravention to ensure that the Court is provided with all relevant documents and details to enable proper consideration to be given to the Application and make the Orders as sought. For all your Family Law needs contact Brydens Lawyers today. Our Accredited Specialist and expert team of family lawyers will assist with all your Family Law enquiries including applications for enforcement of financial orders. Contact Brydens Lawyers today on 1800 848 848 or visit us at brydens.com.au. Brydens Lawyers – #WE DO Family Law.