How do I apply for property and financial orders? - Family Court of Australia
you can seek to formalise your agreement by applying for consent orders in the Family Court, or How does a court decide how to divide assets and debts? If you were in a de facto relationship, your applications for property adjustment. Relationship property: Dividing your property when you split up How much does it cost to apply for a relationship property order? Family Courts Fees. Applying separate property to relationship property. Interim property orders . Option 3: Replace section 15 with financial reconciliation orders.
You cannot apply to the Court for this. This responsibility is not changed by separation and divorce, where the child lives or the amount of time they spend with a parent, or the remarriage of one or both parents. In some limited circumstances under sections 96, or of the Child Support Assessment Act you can apply to the Court for a departure from a child support assessment made by the Department of Human Services.
These applications are generally dealt with by the Federal Circuit Court. You should seek legal advice or contact the Department of Human Services Child Support on before making an application in the Court. Contravention or enforcement of financial orders In a financial order, a court can order a person to pay money to another person by a certain time, transfer or sell property or sign documents. When a financial order is made, each person bound by the order must follow it.
See Complying with financial orders for more information. Enforcement The law on enforcement of orders is complicated.
Applying to the Family Court for a relationship property order - Community Law
You should get legal advice before starting any proceedings to enforce a court order. If you are owed money, for example under a court order, you can seek that the property of the person who owes you the money be sold to pay the debt.
Orders can be made requiring a person to comply with an obligation, an enforcement warrant issue, third party debt notice issue, varying an enforcement order, appointing a person to receive income and pay debts.
You can apply for an enforcement hearing by filing an Application in a Case using the online interactive forms within the portaland an Affidavitcomplying with Rules Third Party Debt Notice When you are owed an amount of money under an order, some agreements or a child support liability you may be able to apply to have a person or organisation to pay money e.
The remedies available from the Court range from the enforcement of the order to the punishment of a person for failure to obey an order. Bankruptcy in family law matters The Court can deal with the bankruptcy of a party to a marriage or de facto relationship involved in certain family law proceedings. The impact on parties is complex and legal advice should be obtained as the facts of each case are different. See Bankruptcy in family law matters for more information. Sometimes people know these agreements as 'prenuptial agreements' but the legal term is 'financial agreements'.
You can make a financial agreement before, during or after a marriage or de facto relationship and these agreements can cover; financial settlement including superannuation entitlements after the breakdown of the relationship; financial support maintenance of one spouse by the other after the breakdown of a marriage or a de facto relationship or any incidental issues.
For a financial agreement to be legally binding you must both have signed the agreement and received independent legal and financial advice before signing. A court can set aside or enforce a binding financial agreement once the agreement has been declared valid by a court order. To ask the Court to set aside or enforce a binding financial agreement you will need to file an application with the Court see Filing an application with the Court belowincluding an order to declare the agreement valid and deal with the enforcement.
If all parties have reached agreement and want to formalise the agreement to make it legally binding they can apply to the Family Court of Australia for consent orders. See How do I apply for Consent orders for more information.
The Court recommends electronically filing eFiling applications.
Relationship property - the basics
You cannot eFile if: Choosing the guided or unguided process Guided process Selecting the guided option provides you with procedural assistance when answering the application question. Based on your answers you may be presented with help text and links to fact sheets relevant to that question.Family Lawyers Auckland-Child Law-Relationship Property Lawyer-Family Court Lawyers Auckland
You will also be directed to upload supporting documents prior to submitting the application. Unguided process Selecting the unguided option allows you to upload a PDF version of a completed application document.
A small number of online questions are required to create your file. The unguided process offers limited procedural guidance and is designed for someone who is familiar with Family Law proceedings. Using this process means you understand and accept the responsibility of ensuring the correct information and proper documents are provided.
Relationship property - the basics
If you wish to seek fee exemption due to financial hardship, you need to use this process. When seeking financial orders, you need to eFile an initiating application, with supporting documents and pay the filing fee see below: An Initiating Application using the online interactive forms within the portal if you are commencing a case.
For more information see Preparing an affidavit. You must provide a valuation and evidence that procedural fairness has been provided to the relevant superannuation trustee. For cases that include parenting matters as well, you will also need to file: A section 60I certificate from a Family Dispute Resolution practitioner.
There are some specific applications which require different documents; for example, Enforcement and Contravention see Contravention or enforcement of financial orders above. An Initiating Application if you are commencing a case. Follow the instructions on the Initiating Application Kit to help you file your application. You will need to file the following: You should have all your documents signed, witnessed if required and photocopied before you file.
Did you know that you can purchase a reloadable prepaid Visa debit card from the post office for a nominal fee. Filing fees You will be required to pay a filing fee unless you are eligible for an exemption.
Property (Relationships) Model Form of Agreement Regulations 2001
Refer to the Guideline for fee exemption to find out if you are eligible. If you are eligible for an exemption — general, you will be required to upload copies of documentary evidence e.
- What is a property/financial order?
- Related Links
- Related Information
If you are not eligible, but payment of the fee will cause you financial hardship you can complete and upload the Application for exemption from fees — financial hardship. Your application will then be considered by the court. For further information, see the publication Guidelines for exemption of court fees.
If you file your application by post or in person go to Making payments to the courts for more information. What will happen after I have filed the application?
If you have eFiled an Initiating Application you will be able to select the court date. If you have filed your application at a registry, the Court will allocate a court date. See How do I serve court documents for more information.
If you eFiled the application, you should print a sealed copy of the application so you can serve the respondent. To print the application you should go to Documents filed and click on to print a copy for service.
If you filed an Initiating Application at a registry, sealed copies will be returned to you for service. Under the Act, an agreement based on this form is void unless each party to it has independent legal advice before signing it. The court may give effect to a void agreement in certain circumstances, but, if it does not do so, the Act has effect as if the agreement had never been made.
Using this form is optional. The purpose of an agreement based on this form is to contract out of the Act by providing that listed property is to be separate property. That is just one, quite limited, approach to contracting out of the Act. Couples who are considering entering into a contracting-out agreement may find that one based on this form does not suit their circumstances or requirements at all, or will suit them only if this form is modified.
They should also be aware of these matters outlined in the rest of these notes: Guide to general scheme and effect of Act In general terms, the purpose of an agreement based on this form is to contract out of the Property Relationships Act The following notes are only a guide to the general scheme and effect of the Act: General effect and implications of agreement based on this form The following notes are only a guide to the general effect and implications of an agreement based on this form.
This form of agreement applies only to property owned by one of the parties alone when the agreement is entered into, and listed in Schedule 1 or Schedule 2 see clauses 1 and 2.