If my ex doesn’t comply with the Consent Order, how can I enforce it?
Whenever possible, we believe that court proceedings should be avoided. If your ex-partner is not following the Consent Orders, then you should speak with them directly, either in person or via mediation, or even work with a legal representative to find out what can be done. However, sometimes this isn’t possible, in which case the non-defaulting party may have to apply to the Family Court in order to enforce the Consent Order.
Essentially, you must specify in your application the Consent Order or Orders that have not been complied with, and your application must be accompanied by an affidavit that outlines how you believe the Consent Order has not been complied with. The other party will then have an opportunity to respond to your application. Ultimately, the court will schedule a hearing to determine whether or not the Consent Order has been followed. Orders will then be made by the court to remedy the situation so that the non-defaulting party gets the relief they are seeking.
Consequently, if one party fails to pay the other money for their interest in the property under the Consent Orders and refinance the property into their name, the non-defaulting party can pursue a court order getting the property sold so they can be paid the proceeds of sale.
If you have any questions in relation to If my ex doesn’t comply with the Consent Order, how can I enforce it? consent orders please contact us to discuss your proposed agreement. We provide an instant quote for your agreement online that is fixed and includes all aspects of the documentation and submission process. General information about Kate Austin Family Lawyers can be found on our home page or if you would like information about our story or Rachel and Brendan there are links on our home page.
Kate Austin Family Lawyers provides a national service. Family Law is a federal jurisdiction so the law are uniform across the country. No matter where you are located we can assist. Sunshine Coast Newcastle Canberra Sydney Melbourne
This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.