4 Comments Family & de facto law, financial agreements, consent orders
As they were de facto for over 2 years, she could make an application for financial settlement with the federal magistrates court. Debt is dealt with in the same way as property as in an order can be made for how liability is to be apportioned & the steps each party must take & a time frame to do it by.
Downside is there will be some costs, even a DIY. There will also be the time & nuisance factor of going through the whole process so may not be worth it unless the debts are fairly significant.
Debts are significant about $80 000 all up!
I am just not sure how anyone a Magistrate included will be able to get him to pay as he is not able to obtain credit anywhere.
Wondering if there is any chance that a Magistrate would order a garnishee of his wages- or is that a totally different issue?
Garnishee may be one option. Another option may be that a maintenance order is made for a set amount. If a maintenance order is made, it becomes a registrable maintenance liability & can be registered with the CSA for collection & all the powers under the collection act come into play, meaning the liability becomes that much harder for him to avoid.
At this point your friend is probably best taking along all the facts to a solicitor for a professional opinion on the best course of action.