We appeared in the Federal Circuit Court recently on our client’s application to set aside orders that were made in 2005. The Respondent to the proceedings was insisting that the particular order which the Court was asked to set aside should continue to remain in force for her whole lifetime and that of the Applicant.
This would have meant that the Applicant would continue to pay certain expenses of the wife which over time amounted to thousands of dollars. This was despite the parties having divorced some years ago and in circumstances where all of their children are now adults.
At the time the order was made our client was not represented and the orders drafted by the other parties solicitor were made by the court in circumstances where clearly they should not have been made for various reasons. Not the least of which is that Section 81 of the Family Law Act provides that the Court should, as far as practicable, make orders finalising the financial relationship of parties and to avoid further proceedings between them. If advice had been sought from us at the time we would have advised our client that the particular order was poorly drafted and should have been amended before he signed it.
You should ensure that you obtain legal advice before signing documents, particularly consent orders or other documents purporting to deal with property settlement, spouse maintenance or child maintenance issues.
We have a range of appointment options to allow you to get the advice you need within your budget. At your initial appointment you will be advised of the options available to deal with your matter and the likely cost of pursuing those options. There is no obligation to engage us to act further for you unless you wish to do so.