When it is appropriate to seek an interim ‘lump sum order’ for property settlement

A party may apply for an interim order for litigation funding (often called a Barro order), a partial property settlement or spousal maintenance.

There are several situations where a party to family law proceedings might apply; for example a party to family law proceedings requires funds to have legal advice and to undertake all necessary investigations in order that their court matter is ready and that any outcome achieved is fair and equitable.

Funds are necessary to meet things such as legal costs, accountant’s fees and valuer’s fees which, particularly in financially complex matters, are incurred through a court matter.

There are other interim orders that parties might obtain. You may have no money at all and need funds urgently to re-establish and set up the house. One that often is confused is interim maintenance or urgent interim maintenance.

Interim Orders for Lump Sums of Money

There are a number of legislative routes to a ‘lump sum order’. One can use section 72 and 74 to obtain a maintenance order, section 79 with the enabling provision of section 80(1)(h) for the property, or section 117 for costs. Each of these varied sections enables the court to make such an order, and each has different requirements regarding providing the court with the basis upon which it can make such an order.

There have been some recent cases addressing the matter of interim property orders. In summary, there are avenues open to a party to family law proceedings who does not control the parties’ assets to access some of those assets through an interim court order provided that the application is well prepared.

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Author

Alan Weiss - Aussie Divorce

2nd January, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.