WA Final Property Settlement Order - Non Compliance?

[ChrisG]

My ex and I signed final orders recently. I have complied with 50% of my order by transferring my car into her name.

She has not complied with her portion of the final order which is to close a foreign bank account. She is unable to do this as she is currently unable to leave the country while on a bridging visa.

I have to give her a sum of money (less than $10 000) in the other 50% of my portion of the final order.

This women is awaiting an appeal on her visa which will almost certainly be refused- leading to her deportation. I do not wish to give her this money as she made no financial contributions, and minimal domestic contributions during this relationship of around 2 years; and, during our relationship I outlaid a significant amount of money for her sole benefit and enjoyment. There are no children.

I wasn't happy with this final order but I had already outlaid much higher than expected legal fees and it made no sense financially to continue.

I am considering not paying so that she would need to take me to court, in the hope that the process will take longer than she is allowed to stay in the country. I am also considering making another application to the court given that she is unable to comply with her portion of the final order.

My understanding is that the first part of this process would be for her to apply for an enforcement order which would lead to a means inquiry?

Am I better off making another application to the family law court?

Any advice appreciated. I will be self representing.

Thank you

 

[Sarah J]

Hi ChrisG,

I notice that you asked this question a while ago. Apologies for the delay in response. How did you go with this matter? Did you manage to resolve it?

In response to your question:

If you do not comply with your part of the property order, you may be taken to be in breach of the order. Your ex will need to apply to court for a contravention application. The court will then hear your reasons for contravening the court order. You can, similarly, make a contravention order against your ex for her failure to close her foreign account and pay you the money. Again, the court will consider her reasons for not fulfiling her obligations under the order.

Contravention of a court order is serious and could lead to heavier penalties. I would not recommend responding to your ex's contravention by contravening the order yourself. The court tries to determine a property order according to what is "fair and equitable". You may not agree with it, however, the court has its reasons for making the order. The considerations of the court are many and complicated. The court may have taken into account non-monetary contributions that you may not have considered in coming to your own result of what is fair.

To better understand property orders, take a read of "Property Settlement After Separation".