Unpaid Settlement
The client is facing challenges with an ex-partner who has not complied with a consent order issued by the court requiring monthly payments as part of a financial settlement. The order stipulates a total payment amounting to approximately $350,000 to be made through monthly instalments of around $2,000 or a lump sum payment, alongside additional financial arrangements. Despite the agreement, the ex-partner has made substantial purchases, which raises questions about their financial hardship claim. This situation is compounded by concerns over undisclosed financial assets during negotiations. This matter is occurring in New South Wales.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I enforce the existing financial agreement if my ex-partner is not adhering to it?
To enforce the financial agreement, you can apply to the court for a contravention order. This order addresses breaches of the consent orders by the ex-partner. Providing evidence of non-compliance, like missed payments, is essential. Additionally, you might seek enforcement orders under the Family Law Act to compel compliance or impose penalties. Consulting a family solicitor can help to evaluate all legal options available.
What are the legal consequences for my ex-partner failing to disclose the property purchase during our financial settlement negotiations?
Failure to disclose significant purchases during negotiations can be deemed a breach of the duty of disclosure under the Family Law Act. This lack of transparency might lead to serious legal repercussions, potentially allowing for the financial settlement to be reassessed or varied. If the court finds that intentional non-disclosure occurred, it can revisit the division of assets, affecting your financial agreement.
Is there a way to reopen the financial settlement given the new evidence of my ex-partner's financial situation and purchases?
Reopening a financial settlement is typically challenging unless there is evidence of fraud or significant non-disclosure. With the new evidence of asset purchases, you may apply to the court for a variation of the settlement under the Family Law Act, citing these developments. The court will scrutinize whether this non-disclosure materially affected the initial agreement.
What steps can be taken to investigate my ex-partner's financial situation further, and how can this impact the existing agreement?
To further investigate your ex-partner's financial situation, consider hiring a forensic accountant or issuing subpoenas to financial institutions for relevant records. This inquiry could yield evidence of undisclosed assets or finances that may impact the existing agreement. If substantial non-disclosed assets are discovered, you may seek to vary the financial orders under the Family Law Act.
Can I seek interest or additional compensation for the delayed payments over the past 2.5 years?
You may pursue interest or additional compensation for delayed payments if the court order or agreement specifies interest on unpaid sums. Otherwise, you can request a court variation to include interest due to non-compliance, especially considering any significant changes in circumstances.
How do I investigate any/all of the above with little to no funds?
With limited funds, consider utilizing publicly available resources. Conduct property searches to uncover transactions in your ex-partner's name and monitor business interests through relevant registries. Community legal centres can provide free legal advice, and exploring options for Legal Aid might offer further assistance.
