Changing final property orders
Occasionally, after final property Orders have been made, a party may seek to have such Orders changed.
To have the existing property Orders set aside, the party must satisfy the Court that at least one of the circumstances as is set out in section 79A (for married couples) or section 90SM (for defacto couples) of the Family Law Act 1975 applies, being as follows:
1. There has been a miscarriage of justice by reason of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstances; or
2. The Order or part of the Order is impracticable; or
3. A person has defaulted on an obligation and in the circumstances it is just and equitable to vary the Order or to set the Order aside; or
4. In the circumstances that have arisen since the making of the Order, being of an exceptional nature relating to the care, welfare and development of a child of the marriage (or the relationship), the child or where the applicant has caring responsibility for the child the Applicant, will suffer hardship if the Court does not vary the Order or set the Order aside and make another Order in substitution for the Order; or
5. A proceeds of crime order has been made.
If the Court is satisfied that one of the abovementioned circumstances applies, the Court may, in its discretion, vary or set aside or if appropriate make another Order.
In circumstances where the parties consent to having the Orders changed, do so pursuant to S79A(1A) (for married couples) or S90SN(2) for defacto couples)
Springwood Lawyers are able to advise and assist you in these regards.