NSW Setting aside Financial Consent Orders

[JayJay1]

My ex partner and I had financial consent orders made under the family law act 1975 and stamped/sealed at our local court in Sept 2018.
She has consistently gone against the orders by dragging the property sale out and making things difficult with the real estate agent (of which there is plenty of confirming corresponding from the agent)

. I am unable to keep paying for my half of the mortgage as per the orders. I only agreed to this, even though because I just wanted to keep the peace and facilitate a quick and smooth sale. This obviously hasn’t occurred and I am simply out of money. Her and her partner have lived in the house (him without my permission) since March 2018. They both work full time, and I receive no payment for his or her occupation.

I wish to apply to have the current orders set aside given my circumstances as well as have the court acknowledge information with regards to the financial position which she coerced me not to include at the time of the orders preparation (significant family contribution from my side).

I understand that the Family Court has the power to set aside the orders, I just don’t which path to take to kick start this request. I guess my question is that, a) which form do I use to start this appeal and b) given that the orders were sealed in September, is there another form I need to fill in because such a time frame sits outside the usual appeal window? Any help would be most appreciated. Thanks

 

[Rod]

In Vic you could probably seek rent from your ex's partner, not sure about the law in NSW.

Go to court seeking a contravention and new orders. In the new orders include one that says the court can sign any necessary land/title/contracts/transfers/agent agreements to facilitate a sale sooner rather than later. That way you are not relying on an obstructionist ex to make the sale happen. If necessary, get orders removing them from the house.

You would benefit from legal advice tidying up the orders you need bearing in mind the ex is wilfully disobeying court orders.

 

[sammy01]

Yep you could seek rent... Chances of him actually paying? not great.
Mate this is what I'd do. Stop paying the mortgage. Easy.... Let her take you to court if she wants, but in the meantime you can put those funds into an account and get some interest rather than paying interest.

Just outa interest do the orders specify a process... As in if it isn't sold within 6 months then auction? drop in price?

My other concern is that these orders were sealed in September.... So in reality you're only talking 2 months.... Everything she did to delay stuff up to that point doesn't really count

 

[Rob Legat - SBPL]

... bearing in mind, of course, that if you simply stop paying the mortgage your credit worthiness may go down the toilet. This isn't a for or against, just a 'be mindful'.

 

[sammy01]

Rob is right... and that is a concern. I stopped paying the mortgage when I was in a similar situation. I was surprised how reasonable the bank was and I was able to borrow 3-4 yrs later when I had recovered financially from the debacle