You may have gone through the process of separation and obtained property orders but have now chosen to reconcile with your partner. If this is the case, you should not assume that your property orders will automatically be set aside or have no further effect just because you have reconciled.
Orders of the Court take effect and are enforceable once they are made. If you want to ensure that the orders made can be disregarded and are no longer binding on you and your former partner, you must first make an application to the Court seeking an order that the property orders be set aside.
In a recent case, property orders had been obtained by parties by way of consent. However, as the couple had chosen to reconcile after the orders were made, the wife was seeking to have those orders varied or set aside. In that case, it was a term of the property orders that the home be sold and that the husband and wife share equally in the net sale proceeds.
The Full Court found that the mere fact of the parties having reconciled was not by itself sufficient to for the court to find that the parties had impliedly consented to the property orders being set aside. The court said that regard had to be had to the circumstances of the couple’s relationship in order for the court to decide whether or not it could be inferred or concluded that the couple consented to the property orders being set aside even though the couple had not expressly agreed that the orders be set aside.
If you and your former partner reconcile then and want to ensure that existing orders will no longer apply, it will be important to obtain legal advice and make application to the court for the orders to be set aside. For more information on property settlement or for legal advice tailored to your circumstances, call our Family Law Team on (07) 3506 3651 today.