If your former partner has not complied with property settlement orders, start with the exact obligation, its due date and the evidence of what has happened. The next step may be a request for compliance, practical implementation arrangements or a court application. An unpaid amount, an unsigned transfer and a failed refinance can require different remedies.
Do not assume the Court will enforce an informal agreement in the same way as sealed orders. Identify the document first, check whether any later order or stay affects it and obtain advice about the result you need. The aim is to make the obligation work, not simply to label the other person’s conduct a breach.
Which document are you trying to enforce
| Document | Starting point |
|---|---|
| Sealed property settlement orders | Identify the payment, transfer, sale or other obligation and the enforcement or implementation order required |
| Maintenance orders | Check the instalments due, arrears, any variation and the applicable enforcement rules |
| Binding financial agreement | Its validity, terms and enforcement route need separate analysis; additional court orders may be required before enforcement as an order |
| Informal arrangement or unsigned proposal | Obtain advice about legal effect and formalisation; it is not automatically enforceable through the property-order process |
Consent orders are court orders even though both parties agreed to them. A private agreement called a “settlement” is not necessarily a consent order. Find the sealed document rather than relying on a draft sent during negotiations.
For financial agreements, the Court’s enforcement guidance explains the need to first obtain an order enforcing the agreement under the relevant provisions. The label “binding” does not make it interchangeable with an existing court order.
Check the obligation and the timeline
Read the whole order, including conditions and definitions. A payment may be due a set number of days after another event. A transfer may depend on a discharge of mortgage or payment being ready. Check whether the step you were required to complete has occurred and whether that affects the other party’s obligation.
Prepare a simple chronology showing when the order was made, when each step was due, what each person did and what remains outstanding. Separate a proven missed obligation from an explanation you have not yet verified. Keep copies of documents showing the other person received or knew the terms of the order.
Also check for an appeal, an application to change an order or an actual stay. Starting a challenge should not be treated as proof that compliance has been suspended. Your lawyer needs the current orders and court documents to establish the position.
Gather the evidence before choosing an application
Useful records include:
- The sealed orders and any later orders affecting them.
- A calculation of amounts due, payments received and the balance claimed.
- Bank statements, receipts and payment references.
- Relevant letters and messages requesting or responding to compliance.
- Transfers, contracts, title searches and other implementation documents.
- Lender correspondence about refinance applications or requirements.
- Evidence of conditions being satisfied and of service or notice of the orders.
Keep calculations transparent. If interest is claimed, identify its legal basis and the period used; do not choose a rate yourself. Avoid adding unrelated expenses to the debt simply because they arose during the separation.
Start with a proportionate response
Where it is safe and appropriate, a clear written request may resolve an overlooked deadline or identify the real obstacle. Specify the relevant order, the step required and a reasonable response date. Communication can go through lawyers where direct contact is inappropriate or prohibited.
A practical proposal might resolve how documents will be exchanged or when a valuer or selling agent can attend. Take advice before agreeing to an extension or changed arrangement. An informal variation can create uncertainty about obligations, and some changes need further orders.
If there is evidence that assets may be dissipated or a sale is about to be frustrated, explain that urgency to your lawyer immediately. Waiting through ordinary correspondence may not be appropriate. Any protective application needs a proper evidentiary basis.
If money has not been paid
First establish the amount due and whether the payer disputes the calculation, liability or ability to pay. An enforcement hearing can be used to obtain information about the payer’s financial circumstances. It is an information-gathering process, rather than another trial of the original property settlement.
Possible enforcement tools include a third party debt notice, an enforcement warrant or orders addressing payment. The available tool depends on the obligation, assets and evidence. A third party debt notice concerns money a third party owes the payer; it is not a general right to demand payment from someone connected with them. Enforcement can also involve competing creditors or insolvency issues requiring further advice.
The Family Law Rules, Part 11.1, govern financial enforcement procedures. Obtaining an order does not guarantee that money or recoverable assets exist, so consider likely recovery and enforcement expense together.
If your former partner refuses to sign
Section 106A of the Family Law Act permits the Court, in the specified circumstances, to appoint someone to execute a deed or instrument where a person refuses or neglects to comply with a direction to execute it. This can be relevant to a property transfer.
Check whether the existing orders already contain a suitable section 106A provision and whether its conditions have been met. Otherwise, further orders may be necessary. A registrar cannot simply sign any document because one party requests it. The document must implement the relevant obligation, and other transaction requirements still need to be satisfied.
If refinancing or a sale has stalled
An order between former partners does not by itself require a bank to approve a loan or release a borrower. Establish whether the problem is lack of cooperation, incomplete documents, a lender’s refusal or an order that does not deal adequately with failure to refinance.
Read any fallback sale provisions. If none applies, obtain advice about what further directions or substantive relief are available. Do not assume that the deadline passing automatically transfers the property to you, cancels the mortgage or entitles you to sell on any terms.
Where a sale is required, disputes may concern the agent, listing price, access, acceptance of an offer or settlement documents. Target the unresolved step. Evidence from the agent or lender may help distinguish an implementation problem from deliberate non-compliance.
Enforcement is different from changing the settlement
Enforcement seeks compliance with an existing obligation. Varying, discharging or setting aside an order asks for a different legal outcome. Final property orders cannot simply be reopened because one person regrets the bargain. Sections 79A and 90SN contain specific grounds and requirements, and implementation powers have their own limits.
If compliance has become impracticable or you say the original orders were affected by non-disclosure or another serious problem, explain that to your lawyer. The correct application may differ from enforcement. Continue to address existing obligations unless advice and the applicable orders establish otherwise.
Costs are also relevant. You may seek a costs order, but recovery is not automatic and may not cover every dollar spent. A weak or unnecessary application can create costs risk. Ask for an estimate and a comparison of the available routes before proceeding.
Court procedure checked on 9 September 2026
As at 9 September 2026, the National Enforcement List has not commenced. Existing enforcement rules and the applicable current filing requirements continue to matter. An application commonly requires the appropriate enforcement form and supporting affidavit; service, evidence and any request for urgency depend on the relief sought.
The National Enforcement List Practice Direction applies from 21 September 2026. It establishes a national process for relevant financial and property enforcement matters and distinguishes applications for further orders from requests acting on existing enforcement orders. It expressly excludes Application – Contravention and Application – Contempt proceedings. Check the Court’s current direction when preparing an application, particularly if the filing date is on or after commencement.
Parenting-order contraventions have a different process. A dispute about a child’s time should not be treated as a financial enforcement application merely because the same former partner is involved.
Arrange an appointment
If a payment, transfer, refinance or sale required by your orders has stalled, arrange an appointment with The Family Lawyer. Bring the sealed orders, a short timeline and the supporting records. If an asset is at immediate risk, call the office and explain the urgency.