Family Law Help - Private Agreements vs Court Orders

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22 May 2014
My ex and I separated in November 2010. We signed court orders relating to the separation of assets, namely the principal matrimonial home. We both came to a mutual agreement regarding the property settlement amount. The amount was to be paid via an initial payment followed by final balance in two years.

When the two years arrived, I was under so much stress that I agreed to take a lesser settlement just to finalise everything and to get the ex off my back. Via our respective legal representatives, we both signed a written doc stating that I agree to accept a lesser settlement amount. However, the family court orders have not been amended to reflect this 'outside' agreement.

I am in a better place mentally and emotionally. I need this money to set up my children's education and lives. He pays child support but refuses to help out with anything else, ie. tuition, school-related expenses. With the initial court order still in place, what are my chances of recouping the payout? Thank you.


Well-Known Member
8 April 2014
G'day MumofTwo,
This sounds quite complicated and you'd need to get personalised legal advice from a family lawyer. Perhaps you could contact your local Legal Aid for legal advice or Women's Legal Service.