Applying for property orders can be a demanding process, particularly if you are also dealing with the stress of a relationship breakdown. However, with the right legal advice and support, it is possible to navigate the property order system and reach a positive outcome.
Property Orders are a set of Court orders made in relation to the division of property or money and can include orders for the payment of spouse or de facto partner maintenance.
It is important to seek legal advice from an experienced family lawyer if you are considering applying for a Property Order or if you have already applied and been unsuccessful.
The Court may make Property Orders based on an agreement that was reached between you or after hearing from all parties involved. The former is known as Consent Orders.
When a Property Order is made, all parties involved must comply with it. Non-compliance may lead to further litigation and additional costs.
The first step in getting a property Order is to file an Initiating Application (Family Law) form. In that application, you might need to request interim or Interlocutory Orders from the Court at this stage. .
In family law property cases, the following documents must be submitted:
1. A Genuine Steps Certificate confirm that Applicant’s compliance with the pre-action procedures listed in Schedule 1 of the Family Law Rules2. Financial Statement3. Financial Questionnaire
4. A copy of any family violence order affecting the party in accordance with Rule 2.10 of the Family Law Rules
5. An undertaking as to disclosure in accordance with Rule 6.02 of the Family Law Rules
6. If the Applicant is aware that the Financial Statement would not fully discharge the duty to make full and frank disclosure, an Affidavit providing further particulars
7. If the Application seeks interlocutory or interim orders you will need an Affidavit stating the facts relied on in support of the interlocutory orders sought
8. If the application seeks a search order then an Affidavit which includes the required evidence as set out in Rule 5.19(3) of the Family Law Rules is required and
9. If the application seeks a freezing order, then an Affidavit needs to be filed which includes the required evidence as set out in Rule 5.23/3 of the Family Law Rules
The applicant will pay a filing fee set by the Regulations. Eligibility for an exemption or concession in the filing fee should be checked with the court upon filing.
The next step is to serve the application on all relevant parties. The application and any supporting documents must be served no later than the date specified by the court. Below are the documents needed:
- The Initiating Application
- Any Affidavit that has been filed
- Financial Statement
- Financial Questionnaire
- Genuine Steps Certificate
- Marriages, Families and Separation Brochure
Finally, after serving and filing the required documents, your case will be listed for a First Return Date. A similar date is found on the top right-hand corner of your Initiating Application or the date issued and recorded in the Commonwealth Courts Portal for your case.
If you are considering applying for a Property Order, or if you have already applied and been unsuccessful, it is important to seek legal advice from an experienced family lawyer.
Our team at Arbon Legal Group can provide you with the guidance and support you need throughout the application process.
Contact us today for more information.
