how to enforce a financial order
Financial orders in a family court are usually connected to the property settlement and child support.
Financial orders made by the court are issued in order to enforce a person to: pay another person in a specified time; transfer or sell property in connection to a financial issue; or sign documents pertaining to financial matters. enforce a person to: pay another person in a specified time; transfer or sell property in connection to a financial issue; or sign documents pertaining to financial matters.
In case a person refused to obey the lawful financial order promulgated by the Court, the other party should consult his lawyer for legal advice. He can also attend a dispute resolution on his own or through a legal representative. And as a final resort, he can file an appropriate enforcement application before the court for the enforcement of the order.
The courts of law does not automatically enforce orders of family law, in which case if a settlement cannot be obtained, the party may apply to the Court for the Enforcement Order. The issue must be well presented in the application in order for the Court to determine with exact certainty on whether an Enforcement Order is indeed necessary.
The family law courts is comprised of the Federal Circuit Court and the Family Court of Australia. These two courts share jurisdiction over all matters involving family dispute.
The Family Court deals with complex issues in a family dispute. Examples of which are issues concerning compounded financial matters, interest of a spouse to a stock corporation, determination of the nature of superannuation, and other complicated issues. On the other hand, the Federal Circuit Court deals only with less complicated matters which make it the most expedient way to obtain an enforcement order.
If a party decided to apply for an enforcement order of a financial order he should first obtain information regarding the financial situation of the person (payer) whom he seeks to compel to obey with the financial order. It can be done by either, serving a written notice to the payer to provide a financial statement within 14 days or to apply to the Court for another order to compel the payer to disclose all the necessary information and documents in relation to his financial circumstances.
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.