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What can I do if my ex doesn’t follow Court Orders?

What can you do if your ex-partner simply won’t follow Court Orders?

Do you always worry that your ex is not following Court Orders or Agreements? Are you unsure what to do? Or even how to get them to do what they’re supposed to do?

The Family Law case of Ianello and Ianello (2018) may assist you. This case is about parenting and property matters between a separated couple. But the focus of this article is on the property side.

Facts:

  • Mr and Mrs Ianello attended Mediation in October 2018.
  • Mr and Mrs Ianello agreed to sell Property A and have it listed for sale by 9 November 2018.
  • Mr Ianello decided after (he had agreed) that he did not want to sell but rather wanted to remain as long as possible in the home because ‘he has got nothing to win by selling it”

The Judge in this case, agreed that Mr Ianello had ‘dragged his feet’ and this was not to be tolerated.

Mr Ianello had clearly not complied with the Orders because he had not signed any agency agreement to sell the property nor had he communicated with Mrs Ianello’s solicitors about the progress of the sale.  The Judge proceeded to make an Order that the Registrar step into the shoes of Mr Ianello and sign the agency agreement and all relevant documents so that Property A be sold immediately.

Take home message

If you are feeling stuck and unhappy about your ex-partner not following Orders, then don’t tolerate this.

Seek professional legal advice and move from being stuck to be empowered.

This information is not legal advice. For more information contact us directly at info@cominoslawyers.com.au

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