Suriving your Divorce- Chapter 24: Reneging on orders

CHAPTER 24 - RENEGING ON ORDERS

Unfortunately in Family Law matters (particularly dealing with children), parties will often be tempted to renege upon Orders for the transfer of property for arrangements with children.  The Court will seek to enforce an Order, unless the party wishing to renege, can show significantly changed circumstances beyond the evidence which was put at the Trial, or beyond the facts that existed at the time of the consent Order.

This is not unheard of in the Family Law jurisdiction, but if you intend to renege upon an Order (particularly for the return of a child at the end of the contact period), it is absolutely essential that you:-

(i)                seek advice before taking any action;

(ii)              have strong quality, independent evidence to support the changed circumstances that you seek to rely upon;

(iii)             be prepared to suffer Orders from the Court if your evidence is not sufficient or is found to be inaccurate.

Surviving your Divorce- Chapter 23: Draft orders and final orders

CHAPTER 23 - DRAFT ORDERS AND FINAL ORDERS

Often, orders are thrashed out by the parties’ advisers in the Court room, in interview rooms, or even in corridors.  They are often hand written and can be signed by the parties and handed up to be initialled by the Judge or Magistrate.  This is a good simple way of getting a resolution done at the time, before any party has the opportunity to renege. 

These Orders will have to be typed up and sealed by the Court.  There is often a short delay while this is done.  The original signed Orders, placed with the Court, and initialled by the Judge or Magistrate, do form a binding agreement between the parties.

It would be up to a party wanting to renege on those Orders, to show good reason to the Court why they should be vacated.  This can be done but is difficult to achieve.

Surviving your Divorce- Chapter 22: Negotiations at the Court door

CHAPTER 22 - NEGOTIATIONS AT THE COURT DOOR

A surprising number of matters settle on the morning of Trial, or during the Trial, particularly if matters are going badly for one side.  You should always be ready to consider a resolution which is acceptable to you and will stop the costs and delay.