The financial orders process and enforcement

Date: Sep 16, 2015

There are many instances in which it is a good idea to consult expert family lawyers, for example if you want to understand more about the financial orders process.

What is a financial order?

Financial orders, also often called 'property orders', are made by the court with respect to the parties' property or debts. Most of such orders compel a party or a third person to take various actions – for example, to transfer or sell property, pay money to another person or sign documents.

It is important to understand that, when the courts make property orders, the parties are bound by the orders and have to follow them.

What if someone ignores an order?

In the event one party refuses to comply with an order, whether it was made with regard to property or financial support of the other party under the Family Law Act 1975, the other party can pursue several options. Parties may resolve the issue through dispute resolution by attending mediation or apply to the court directly for an enforcement order.

In certain cases, the existing orders may provide that, if one party refuses or neglects to execute documents needed for compliance with the orders, the court's Registrar can sign the documents instead.

How does the enforcement process work?

To seek enforcement of a property order, a party should make an application to the Court. The Court will make the decision as to whether an order is required to enforce the existing order. Given that the law regarding enforcement of orders can be complicated, it is worth considering speaking to an expert family lawyer.

The Family Court of Australia and the Federal Circuit Court of Australia

Before filing an Application with the court with respect to property settlement, it is important to understand the difference between the Family Court of Australia and the Federal Circuit Court of Australia.

Both Courts deal with all family law matters, including financial matters, such as property settlements or spousal maintenance. The Family Court of Australia deals with complex matters, while the family law division of the Federal Circuit Court provides a simpler alternative to litigation and deals with shorter and simpler matters.

To learn more about the financial orders process, other family law processes and estate disputes, speak to professional lawyers in NSW.