Property Orders are typically very difficult to change or set aside in the absence of an agreement. There are basically only five circumstances in which the Court may be persuaded to change property Orders. These circumstances are:
- Both parties consent – in this case parties simply enter into fresh Orders
- A substantial, significant and generally unforeseen change in circumstances occurs relating to the care arrangements for children
- The Orders have become impossible or substantially impracticable to comply with
- A party has defaulted in carrying out their obligation under the Order and it is now unjust to enforce the original Order
- The Order had been obtained by fraud, duress, the suppression of evidence or the giving of false evidence
If Orders Are Set Aside
If Orders are varied then a specific change is made to them and the Orders otherwise remain the same and are enforced. If Orders are set aside then the Court is entitled to re-determine the whole property dispute and to make completely new Orders as though the original Orders had never been made. The Court can have regard to any transactions that have occurred since the original (and now discharged) Orders were made and can deal with all assets of the parties at the time of hearing, including assets acquired or disposed of since separation.
Contact our Sydney Family Law Office if you need any help.