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My partner isn’t sticking to our agreements

Unfortunately, if your agreements with your ex-partner, whether they be agreements in relation to your children or in relation to property, have not been properly formalised, then they are unenforceable.

That doesn’t mean, however, that your agreements are irrelevant. It may be, for example, that for the last five years you have had a particular informal arrangement in place about when your partner spends time with the children – if your partner then suddenly decides to move the goalposts and no longer comply with the agreement, the arrangements that you have had in place may be highly important.

If you are having this problem, then the starting point for us is to attempt to sort out the problem directly with your ex-partner. If agreement is reached, then I can help you formalise the agreement into what is known as a “consent order” through the court system. A consent order is enforceable, as distinct from informal agreements that you may have had with your ex-partner.

If your ex-partner breaches either a consent order, or indeed, an order made by a judge after a hearing, then I can help you take action to either have your ex-partner punished, or enforce the terms of the order, or both. Judges in a family court have very broad powers in relation to these types of problems, including powers to in the most serious cases imprison people who refuse to comply with orders.

As with many other areas of family law, enforcing agreements can be a highly technical and specialised undertaking. If it has to be done, it has to be done correctly. I have significant experience in dealing with these sorts of problems for clients both in property and parenting matters, and I will give you the right advice to make sure that you can move forward with confidence.

If you need assistance contact me at andreww@andrewwarren.com.au or call one of my offices for a no obligation discussion and for expert legal advice.