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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Financial Consent Orders were pronounced in May 2015 as

Customer Question

Financial Consent Orders were pronounced in May 2015 as referred to in our Form 11 application for Consent Orders.
All Orders have been actioned, except for the sale of one property which is on the market for offers from $200k. We had an offer of $200k (have now lost due to time to respond), however my ex-husband has refused to accept. The property has been recently valued at $185k, however the mortgage is $226k (due to stamp duty and mortgage insurance) so he does not want to accept offers below $215k. The property has been on the market for 2 1/2yrs and this was the first and only offer.
The Consent Orders contained a paragraph that: the Parties be at liberty to apply to the Court with respect to Implementation of these Orders.
Can a From 2 & Affidavit be used to request a procedural hearing for the Family Law Court of WA to Order a minimum/acceptable amount that my ex-husband has to accept or will a new Application need to be made?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Any offer over $200,000.00 needs to be accepted.

You should just be able to email the court and have the matter re listed.
An affidavit in support should be used to confirm what has been going on.

I suggest sending him an email asking him to reconsider, as the court will cost far more than just settling for the orders to begin with.

You are also at liberty to seek a cost order for him to pay your legal fees, if successful.

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Customer: replied 1 year ago.
Hi Daniel,Many thanks for your response. Can you please advise why an offer over $200k needs to be accepted as no amount is mentioned in the Consent Orders? This offer has now fallen through and due to the plummeting land prices in WA, would like a Court Order to confirm any offer of or above the market value is required to be accepted.I don't believe I can email the court in WA? The Consent Orders were via a jointly signed Form 11 Application.As I am looking to self represent then there would only be court costs. Can I seek a cost order for these and would this be via the affidavit?kind regards
Customer: replied 1 year ago.
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Customer: replied 1 year ago.

Hi Daniel, there appears to be an issue with my email/account as I can not reset the password?!?! If you are available to talk, please call me on (xx) xxxx xxxx. Kind regards Cynthia