By Anita Petrovic.
Picture this: several years and sums of money later, you finally have Court Orders dividing your marital property with your ex-spouse between you; those Court Orders say that your ex-spouse has to sign certain documents to transfer an asset to you; your ex-spouse refuses to sign those documents… Just when you thought it was all over, it’s back to Court again!
This situation is understandably frustrating and stressful for parties to family law proceedings particularly once Court is over and they finally thought they were done with their ex! So, if your ex refuses to do something to give effect to the Court Orders, what do you do?
A solution is at hand
Well, under Section 106A of the Family Law Act 1975 (Cth), an officer of the Court can step into the shoes of your ex and sign the documents as if they were your ex! It is commonplace for lawyers drafting final Court Orders regarding property to include an Order to the effect that, if any party does not sign what they need to to comply with the Orders, the Court can do it for them. The Court officer’s signature on the document has the same force and validity as if the person who was supposed to sign it did!
Whilst this involves a brief further application to the Court (much swifter and simpler than what it would have taken to finalise your property matter) you can ask the Court to make an Order that your ex pay your costs of that further application. If they don’t have a good reason for not signing, the Court may make an Order for your ex to make at least a contribution to your costs for that further application.
As frustrating as it may be, the Court has its way of ensuring compliance with its property Orders.
