Property Dispute
Property Dispute
In a separation, it is best practice to enter into a financial agreement on the distribution of property and assets if no such agreements had previously been entered to. Upon application, the Court may grant a maintenance order in certain circumstances, such as when the applicant is unable to support him or herself, or when the applicant has the care and control of children of the marriage. In some states including New South Wales, a party to a de facto relationship may be entitled to property and/or maintenance.
In order for a financial agreement to be enforceable, several conditions must be met. There are also some restrictions on the provisions of financial agreements. It is best to seek legal advice when drafting an agreement.
Alternatively, the parties may seek a Consent Order from the court effecting the same. A consent order may provide for other matters such as the custody of children. A court will determine whether a proposed consent order is “just and equitable”, and afford paramount consideration to the welfare of the child. Once granted, the consent order has the effect of a court order, a party in breach of which would be liable in contempt.
