Property Settlement And Consent Orders When Can They Be Set Aside
Introduction
When it comes to property settlement and consent orders in Adelaide, South Australia, there are specific circumstances under which they can be set aside. It is crucial to understand these situations to protect your rights and interests.
Grounds for Setting Aside Property Settlement and Consent Orders
Under Australian law, property settlement and consent orders can be set aside in certain situations, including:
- Fraudulent behavior by one party
- Misrepresentation of assets
- Material non-disclosure of assets
- Unconscionable conduct
- Significant changes in circumstances
Process of Setting Aside
If you believe that the property settlement or consent order should be set aside, you will need to file an application with the Family Court of Australia or the Federal Circuit Court. It is recommended to seek legal advice from experienced family lawyers like Wright Street Lawyers to navigate this process effectively.
Frequently Asked Questions
1. Can I set aside a property settlement if my ex-partner hid assets?
Yes, if you can prove that your ex-partner engaged in fraudulent behavior or failed to disclose assets, you may have grounds to set aside the property settlement. Consult with Wright Street Lawyers for guidance on how to proceed.
2. What constitutes unconscionable conduct in property settlement matters?
Unconscionable conduct refers to behavior that is so harsh or oppressive that it goes against good conscience. If you believe that the property settlement was reached due to unconscionable conduct, you may be able to set it aside.
3. Are there time limits for setting aside property settlement and consent orders?
Yes, there are time limits for seeking to set aside property settlement and consent orders. It is essential to act promptly and seek legal advice from Wright Street Lawyers to understand your options within the prescribed timeframes.
Get Legal Assistance from Wright Street Lawyers
For client-focused legal advice and representation in property settlement and consent order matters in Adelaide, South Australia, contact Wright Street Lawyers today. Our experienced team specialises in family law and will guide you through the process with professionalism and care.