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QLD Consent Orders - Can the Family Law Court Overturn Them?

Discussion in 'Family Law Forum' started by Kscib, 14 February 2015.

  1. Kscib

    Kscib Active Member

    6 December 2014
    Likes Received:
    I was just wondering if anyone had any understanding of how I would go here.

    I have 10 year old Consent Orders which order my ex-husband to pay a sum of $40,000 in cash and a vehicle to me by July 2005. This was never done and never pursued as I also had a DVO (domestic violence) at the time and contacting him didn't seem worth it. Consent Orders also directed me to sign our family company over to him which was done immediately.

    Stupidly, (oh isn't hindsight a wonderful thing) we reconciled in February 2006 for approx. 5 years. We have now been separated (August 2011) and divorced (Nov 2014) and I am wondering if there's a chance I can follow up on the non-payment? We also have current Consent Orders awaiting hearing, but these are just starting with an interim hearing next week.

    Will the Court see this a frivolous exercise and overturn the previous Consent Orders based on their age? Or the fact that we reconciled, therefore the previous Orders are considered invalid?

    I know it sounds like I'm being a greedy witch, but I'm just trying to protected my family home and stability of my children. :(
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I'm not 100% sure, of course, but since you reconciled, I don't think the former consent orders for a property settlement would still be valid. Your asset pool would be different after 10 years, but on the upside, you can still file for a property settlement since you are still within the 12-month timeframe following your divorce.
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