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What you need to know about property orders

Property orders are also known as financial orders. They are a set of orders made by the Court relating to the division of property or money.

The Court can make property orders based on an agreement between you or after a Court hearing or a trial. The former is frequently known as consent orders.

When a property order is made, each person that is a party to those orders must comply with them. Failure to comply with property orders may lead to further litigation, costs, and consequences. Hence, you want to make sure that you understand your obligations under any property order made.

5 Compelling reasons why you should hire a lawyer to handle your property settlement?

Truth be told, the whole process of filing property orders is a major headache and can be confusing for those who have never done it before.

Time and money are commodities that you don’t want to waste, so rather than going it alone, here are five reasons why you should hire a lawyer to help you with the process:

1. Benefit from years of experience and expertise

The lawyer is giving legal advice..

When you hire a lawyer, you are benefiting from their years of experience and expertise. They will know the ins and outs of the legal system and how to best navigate it to get the outcome that you desire.

2. Save time

Dealing with legal matters can be time-consuming. By hiring a lawyer, you can save yourself the hassle and dedicate your time to other things.

3. Peace of mind

Knowing that someone is handling your legal matters can give you peace of mind. You can rest assured knowing that a professional is taking care of everything.

4. Get the best outcome

Lawyers will strive to get the best possible outcome for you. They will fight for your rights and make sure that you are treated fairly.

5. Avoid making mistakes

Desperate Arab businessman having too much work, making mistake, cannot meet deadline, suffering

It is easy to make mistakes when dealing with legal matters, but lawyers can help you avoid them. With their help, you can ensure everything is done correctly and efficiently.

If you are facing property orders, the benefits that you will get by hiring a lawyer outweigh the hiring cost.

How to apply for a property order?

So you are contemplating filing it yourself? The procedure is not as simple as one might think. We have summarised the process for you in a way that is simple, easy to understand, and without writing a 10-page article.

1. Comply with the pre-action procedures.

Before you file your application, you must comply with the pre-action procedures as regulated by the Federal Circuit and Family Court of Australia unless an exemption applies. They will include:

  • participate in dispute resolution services, such as Family Dispute Resolution, negotiation, mediation, conciliation or arbitration; 
  • if dispute resolution is unsuccessful, write to the other party setting out your claim and your intention to file an application; and
  • comply, as far as practicable with your duty of disclosure.

2. Gather the documents needed to file the case.

Stack of Documents isolated on white background. Documents pile.

Below are the documents you must submit by filing on the Commonwealth Courts Portal if you wish to continue a self-filed application:

  • Genuine Steps Certificate
  • Financial Statement
  • Financial Questionnaire
  • A copy of any family violence order affecting the party in accordance with Rule 2.10 of the Family Law Rules.
  • An undertaking as to disclosure in accordance with Rule 6.02 of the Family Law Rules.
  • 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.
  • 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.

3. Pay the fee and serve the documents

You must also pay a fee, which is set by the Rules. You may be eligible for an exemption or reduction, but you should verify with the court at the time of the filing.

To apply for orders from a Court where you and your partner do not consent, you need to file an Initiating Application (Family Law) form. In that application you may want to ask the Court for interim or interlocutory orders at this stage.

Fees word on Wooden blocks

Once you have filed the documents you must serve the documents on all other parties as soon as possible and no later than the date specified by the Court.

Those documents will include:

  • The Initiating Application;
  • Any affidavit that has been filed
  • Financial Statement
  • Financial Questionnaire
  • Genuine Steps Certificate
  • Marriages, Families and Separation Brochure

4. Setting of court hearing date

The court will set a date for your case to be heard after these papers have been submitted and served. The date that appears on the top right-hand corner of your Initiating Application or the date that has been given to you and is recorded in the Commonwealth Courts Portal for your matter.

Final Thoughts

The benefits that you will get outweigh the cost of hiring a lawyer. If you are facing property orders, then it is in your best interest to hire a lawyer to help you through the process.

Contact us at Arbon Legal Group today to get started.

Nicole Jevtovic
Nicole Jevtovic has worked in Family, Domestic Violence and Criminal Law her entire legal career. During her years as a divorce lawyer and criminal lawyer, Nicole has appeared in court on almost a daily basis. She has extensive experience in court advocacy and has even run trials herself as a solicitor advocate. While she enjoys court representation, Nicole aims to resolve her client’s matters in the most cost effective and stress-free way possible which is why she is an advocate for mediation and negotiation outside of court.
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