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

If you have lodged an application with the court to initiate family law proceedings, it is likely that you will soon be faced with the terms ‘interim orders’ and ‘final orders’.

 Firstly, let’s address the common denominator: what are ‘orders’?

 When the court makes orders, it is making a legally binding declaration of the actions which each party must perform for the purposes of resolving their dispute. If one party fails to comply, the other party may go to the Courts to make them comply.

 The nature and content of court orders will look different depending which area of law you are in. In family law, orders normally deal with the division of assets upon separation (how will the house be sold, which property needs to be transferred between the parties, how is that to be enacted etc.) or parenting (who will have primary care for the child, when will the child spend time with the other parent, what steps need to be fulfilled for overseas travel etc.). Consequently, if these orders are breached, the court may step in to enforce them. For example, if the orders stipulate that both parties must do all things to ensure their child has an up to date passport but one party is refusing to sign the necessary forms, the Registrar of the court may be empowered to sign the forms on the non-compliant parent’s behalf.

 If we’ve got these basics down, the next bit is easy. Court proceedings take a long time. In family law, there is often a time pressure which means parties need a quick answer. Interim orders provide this answer – the court will make a ruling which establishes the field of play until final orders (which will be permanently binding) can be developed.

 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. 

 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.

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Family Law: An affidavit is your sworn version of events

Family Law: What is a directions hearing?

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