If you are having problems receiving your entitlements after a family law property settlement or parenting matter, you have clear remedies if Court Orders are in place. See here our blog post on the importance of Court Orders in this context.
To get the Court to enforce Court Orders and force your ex-partner to comply an application should be made to the Court.
An application for the enforcement of Court Orders can be made by filing with the Court and with a supporting affidavit.
The appropriate method of enforcement will vary, depending on the terms of the breached order and the actions needed to remedy that breach. The Court has extensive powers of enforcement, including the power to declare the total amount owing, to determine whether the amount owing is to be made paid in full or by instalments, to prevent the wasting of property, to require the payer to attend an enforcement hearing or give further information, or to require a person to produce documents for inspection by the Court.
During enforcement proceedings, costs are usually decided once the matter is settled. Often, if an applicant is successful, the unsuccessful side will need to pay the applicant’s legal costs. However, if an applicant is unsuccessful, they may be ordered to pay the other side’s legal costs.
Each situation is unique and this is why it is very important to carefully consider your situation before initiating proceedings.
If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and the enforcement of court orders in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at email@example.com.
This article is provided to the reader for general information. It is not legal advice. It was written by Karla Elias and edited by Andrea Spencer.
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