Deanna, in her practice of Family Law, frequently encounters situations where one party fails to comply with court orders, such as financial and property settlement orders. For instance, if your former spouse has failed to make a cash payment or execute documentation to transfer property to you as ordered.
If this has happened, Deanna recommends that you get legal advice immediately. If orders are in place that are not being followed, there can be serious consequences.
Deanna can help you to resolve the dispute with your former spouse through Mediation. This approach should always be taken first to avoid further financial and emotional stress.
If this is unsuccessful, we can file an Application for Enforcement or a Contravention Application through the Family Court.
- The Contravention Application asks the court to make your spouse comply with the order and give them consequences for breaching it.
- The Enforcement Application asks them to comply with the existing order and warn them of the consequences if it happens again.
Deanna has extensive experience in financial and property settlements. If your former partner has breached an order, please contact her for a free initial consultation with the top Family Lawyers in Melbourne and we can advise of the next steps.
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What is the difference between an Enforcement Order and Contravention Order in relation to financial matters?
If the other party does not comply with Financial Orders then there are three options to resolve the problem:
- Negotiate and see what the hurdles are to compliance of the Orders.
- Apply to the Federal Circuit and Family Law Courts for an Enforcement Order; or
- File a Contravention Application in the courts.
What is an Enforcement Order?
An Enforcement Order is sought when the other party does not comply with Court orders and you merely seek to solve the problem and move on. Enforcement Orders are made by the Court forcing someone to do something to comply with the initial Family Law Order.
What is a Contravention Order?
A Contravention Application is made when there have been repeated breaches or instances of non-compliance, or for example when the breach or non-compliance is serious.
The aim of a Contravention Application is to effectively punish the party for failing to comply with the Family Law Order.
Upon filing the Contravention Application with the Court, the matter will go before a Court Registrar or Judge to hear and determine the matter.