VARIATION OF COURT ORDER

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What happens when circumstances change after a Court Order has already been made?

Following the grant of a Court Order — whether by agreement or after contested proceedings — there may be material changes in circumstances that make the existing arrangements no longer workable or appropriate.

Where such changes meet the Court’s threshold for a change in Order, the Court may grant a variation of the previously made Order, to better meet the family’s current needs.

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Variation applications can be made on issues of childcare arrangements, maintenance (whether for child or spouse), as well as the division of matrimonial assets. However, the test that must be met for a variation to be granted, may vary in accordance with what order the applying party wishes to change.

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A variation application can be contested in nature (i.e. where parties cannot agree on the change to be made), or can be by-consent (i.e. where parties agree that changes to the previously made order are necessary).

Our lawyers have handled multiple cases of variations, whether contested or uncontested, ensuring that the family’s changed needs are reflected and addressed in the varied orders.

Our fees for a variation application (by-consent) start from $2,990.

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