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Family Law calendar    Oct 09, 2016

Family Law: 6 tips for Executing Orders

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution, After Court, Executing orders

So, here’s the situation: you have managed to negotiate a family law property settlement with your ex-partner. Or maybe, negotiations failed but the Court has just handed down final orders setting out the division of property. The next step in the process is executing orders. Keep reading for our top 6 tips in executing orders.

  1. Plan it out: Once you receive your orders, make a spreadsheet with dates, the action to be completed by that date and the person responsible.
  2. Count carefully: Make sure you count your days correctly! Often orders will say ‘Party X will complete Y within 28 days of these orders…’. It seems like an obvious thing to do but double check you have counted 28 days correctly to ensure you are compliant with the orders at all times.
  3. Correspond with the other party: Often there will be orders which compel both parties to carry out some act together, such as selling a property. It is important that you correspond with the other party early to ensure you are both in a position to carry out the required steps to comply with the orders. Keep in mind though that if orders have been made limiting correspondence, make sure you comply with these orders too.
  4. Superannuation splitting: To execute orders which split one party’s superannuation in favour of the other party, you must serve the orders on the trustee of the superannuation company. Usually the party benefitting from the split will serve the orders. Make sure you complete this step. Otherwise, the split will not be made.
  5. Keep your paperwork: Whether relating to property or parenting, orders may drastically change your lifestyle. Make sure you keep good records of all court documents, transfer papers, documents evidencing the sale or acquisition of assets, correspondence etc. These documents may be require to prove or disprove that a breach of the orders has occurred.
  6. Update your will: Family Law orders can change how your future is going to look. As such, you need to update your will to reflect your new asset position and to remove any unwanted beneficiaries.

 If you have a family law matter, concerns about your finances in light of a family law property settlement questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
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 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

More from the blog:

Family Law: Interim vs Final Orders - What is the difference?

Estate & Succession Planning: Wills Checklist

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution 

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