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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.

February 26, 2018

Enforcing a property order

February 26, 2018, Gabrielle Howley (O'Farrell Robertson McMahon)

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.

February 26, 2018/ Gabrielle Howley/
Family Law
property settlement, property orders, court orders
O'Farrell Robertson McMahon/
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OFRM Lawyers

Local Bendigo lawyers with Accredited Specialists in Family Law and Wills & Estates. Located at 35 Queen Street Bendigo, OFRM is able to assist in the areas of law that matter to you, your business and your family: planning for the future with Wills and Estates, assisting you with change and growth in your life and business with business law and conveyancing, and supporting you when life changes direction with family law.

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