Receiving final orders from the Family Court or the Federal Circuit Court of Australia – is this the end of the matter?

Posted by Luisa-Maria Maroun on 10 February 2015

Although receiving final orders from the Family Court or the Federal Circuit Court  of Australia does draw a matter to an end, there is still the need to ensure that the parties  comply with the terms of the orders and the relevant time frames, especially in property related matters where property is being transferred between the parties. 

This entails a new process altogether, which can at times be overwhelming for those who are not used to dealing with, and meeting the requirements of,  incoming and outgoing  mortgagees. 

Banks generally require certain paperwork to be provided by parties, and even once this has been provided there are still usually separate departments within the bank that  control the certification of documents, provide payout figures, book settlements and so forth. There are also sometimes delays with payout figures and the preparation of cheques. 

Some banks have more rigorous requirements  than others and take longer to  reach the point where settlement can occur.

All this adds up to a process that can end up being time consuming and frustrating for the parties – particularly where all they want is to severe ties and move on with their lives. 

It is always important when you are in a position where property orders have been made that require the transfer of property, that you adhere to the advice provided by your legal representative. Take note of the process involved  and be aware that problems can sometimes arise. The good news is that having now reached this point, there is generally always a solution to a problem, provided that there is cooperation between the parties.

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