in financial orders the court basically orders a person to do any or all of the following:
- Sign documents;
- Transfer or sell property;
- Pay money at a certain time.
In truth and in reality the problem does not end with the issuance by the court of a financial order. Applying for financial orders is altogether a different thing from enforcement of a financial order because do not automatically enforce financial orders. It would be great if the parties of their own accord would comply with the financial order. But, the advantage with financial orders is that a person can be forced to comply with a financial order. If a party fails to comply, the remedies available to the aggrieved party are:
- Consult a lawyer on how to enforce the order;
- Attend dispute resolution;
- File an enforcement application with the court.
There are legal processes in enforcing an order for which a lawyer is needed. A lawyer can help guide the aggrieved party in observing court processes and also explain to him his rights under the financial order and the law. Furthermore, a lawyer might be able to help the parties reach an agreement without having to go to court.
Family dispute resolutions are always preferable than going to court. This way, parties are able to resolve the dispute amicably without resorting to court intervention. However, if there is family violence or child abuse parties do not anymore need to undergo family dispute resolution.
Application for enforcement of financial order may be made with the Federal Circuit Court but if a party has pending proceedings with a Family Court then the application for enforcement has to be included in the Family Court proceedings. The Family Court deals with more complicated matters like if the case involves multiple parties or valuation of interests in trusts or corporations.
All other applications may be filed with the Federal Circuit Court which can resolve simpler issues quickly. In going to court a party needs to file an Enforcement Warrant together with an affidavit which states the facts that would support the application. Depending on the court’s discretion and if the applicant requests it, an enforcement hearing may be scheduled.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.