The information provided below is general in nature and should not be relied upon legal advice. You should call 03 5445 1000 and speak to a lawyer at OFRM about your particular circumstances.

Enforcing a property order

Enforcing a property order

Sometimes, whether deliberately or inadvertently, someone may not comply with Family Law property orders.

This may mean that steps need to be taken to enforce the orders.

The reason for the other party’s failure to comply with a property order is often due to difficulties with finance. However, in some cases, it may be due to a party’s deliberate unwillingness to cooperate. In either scenario, our family lawyers can advise you about the best options to obtain the desired outcome of enforcing the orders. This may include going back to Court for enforcement or contravention proceedings; pursuing interest for unpaid monies; or seeking that a property be sold or transferred. The Family Courts have the ability compel parties to sign documents to enforce orders and may even dispense with requirements so that a party can take certain steps without the non-complying party’s co-operation.

As family lawyers, we can certainly tell the difference between well drafted orders, those that provide adequate protections and default provisions, and orders that are inadequate or poorly drafted.

If you need advice about enforcing property orders, you should contact our experienced Family Law team.