You’ve been through the emotional rollercoaster of divorce, made it through mediation or court and finally have orders in place. But what if your ex is ignoring them by refusing to hand over property, skipping spousal maintenance or not sticking to parenting arrangements?

Unfortunately, this situation is more common than you might think, and it can leave you feeling powerless, financially strained or worried about your child’s wellbeing. The good news? Australian law doesn’t just hand down court orders. It backs them up with enforcement options. 

To enforce a court order after divorce in Australia, you can apply to the Family Court for enforcement or contravention proceedings, depending on the type of breach. It’s important to keep detailed records of the breaches and seek legal advice to ensure your response is effective and proportionate.

Read on to learn exactly how to enforce a court order after divorce in Australia and what legal remedies are available when your ex won’t cooperate.

Quick Overview: How to Enforce a Court Order After Divorce

When your ex-partner fails to follow a court order, you have legal options. You can apply to the Family Court for enforcement or contravention proceedings, depending on the nature of the breach. Orders involving the following can all be enforced under Australian family law:

• property settlement
• parenting arrangements
• financial support such as child support or spousal maintenance

Penalties for non-compliance vary but may include:

• fines
• compensation orders
• make-up time with children
• in serious cases, imprisonment. 

To strengthen your case, it’s essential to keep detailed records of every breach, including communications and any steps you’ve taken to resolve the issue. Seeking legal advice early ensures your response is both strategic and proportionate to the situation, helping you protect your rights and your peace of mind.

Types of Court Orders Commonly Enforced in Family Law

After divorce, court orders may cover several aspects of the separation. Common issues include:

1. Property Orders

• Transfer of property, vehicles or financial assets
• Superannuation splitting
• Sale of joint assets and division of proceeds

2. Spousal Maintenance Orders

• Ongoing or lump sum payments to support a financially dependent spouse

3. Parenting Orders

• Custody schedules, visitation rights and communication between child and parents
• Holiday arrangements, school decisions and healthcare responsibilities

If any of these orders are breached, legal enforcement is available

What Counts as a Breach of a Court Order?

A breach occurs when a person fails to follow the terms of a binding court order without a reasonable excuse. Examples include:

• Refusing to transfer property as ordered
• Withholding a child from their other parent in contravention of a parenting schedule
• Failing to pay spousal maintenance

It’s important to document each breach and any attempts made to resolve the issue informally before applying to the court.

Step-by-Step Guide: How to Enforce a Court Order

1. Gather Evidence of the Breach

Before taking legal action, collect all relevant documentation, such as:

• Missed payment records
• Communication logs (emails, messages)
• Parenting calendar or visitation logs
• Bank statements or property documents

2. Attempt to Resolve the Matter Informally

Sometimes, a reminder or legal letter can resolve the issue without returning to court. This can be a quicker, more cost-effective route.

A family lawyer can send a formal notice of breach requesting compliance within a specific time frame.

3. Apply to the Court for Enforcement or Contravention Orders

If the breach continues, you may:

• File a Contravention Application (for parenting matters)
• File an Application in a Case (for financial or property orders)

In both cases, you’ll need to:

• Outline the breach
• Provide supporting evidence
• Request a specific outcome (e.g., enforcement, compensation, penalties)

4. Court Hearing and Outcomes

At the hearing, the court will assess:

• Whether a breach occurred
• Whether the breach was intentional
• If there was a reasonable excuse

The court may then:

• Order the person to comply
• Vary the order
• Award compensation
• Issue fines or imprisonment (for serious or repeated contraventions)

What Happens If a Parenting Order Is Breached?

Breaches of parenting orders are taken very seriously, especially when a child’s welfare is at stake.

Potential Court Responses:

• Make-up time for missed visits
• Change the existing parenting orders
• Require participation in parenting programs
• Impose fines or community service
• In extreme cases, impose a prison sentence

The goal is to protect the child’s best interests while holding the breaching party accountable.

Can Property Orders Be Enforced?

Yes. If your ex refuses to comply with property transfer, sale or division:

• The court can appoint a registrar to sign property documents in their place.
• The court can order the seizure or sale of property to satisfy obligations.
• You may claim financial compensation if assets are disposed of unfairly.

Legal enforcement ensures that you’re not financially disadvantaged by non-compliance.

What to Do When Spousal Maintenance Isn’t Paid

Spousal maintenance orders are legally binding. If your ex is not making payments:

• You can apply for enforcement via the court.
• Garnishment of wages or assets may be ordered.
• Interest may be applied to overdue amounts.

Failure to pay maintenance is treated as a breach of financial duty and can lead to serious legal consequences.

What Is a Reasonable Excuse for Breaching an Order?

Not all breaches are intentional. Some valid excuses include:

• Illness or emergency
• Misunderstanding of the order (if genuinely unintentional)
• Circumstances beyond control (e.g., natural disaster, job loss)

The court considers whether the person took reasonable steps to comply despite the situation.

FAQs – Enforcing Divorce Court Orders in Australia

Can I go straight to court after a breach?

It’s generally recommended to try informal resolution first. However, for serious breaches, court action can be taken immediately.

How long do I have to enforce an order?

Applications should be made promptly, especially in financial matters. Time limits may apply.

What if I can’t afford to go back to court?

Legal aid may be available, and your lawyer can help you assess cost-effective options for enforcement.

Is mediation required before enforcement?

Not usually, but it may be recommended for less serious parenting disputes before the court.

Facing a Breach of Court Orders? Let Johnsons Law Group Help You Take Action

If your former partner isn’t complying with a divorce court order, you don’t have to deal with it alone. Whether it’s financial, parenting or property-related, enforcement is your legal right.

At Johnsons Law Group, our family law team provides:

• Strategic enforcement advice
• Court application support
• Representation in hearings

Call us today on 02 9600 7277 or visit our Contact Us page to schedule a confidential consultation. Let’s make sure your rights are respected and enforced.