Varying and setting aside property orders

It is not easy to set aside or vary a property order that has been made by the court or has been reached by consent. There are only two circumstances in which an order may be set aside or varied: 

• Where there is a miscarriage of justice (namely due to fraud, duress, the giving of false evidence, or the suppression of evidence); or

• Due to specific difficulties or hardships (including the impracticability of carrying out the order) or changed circumstances of an exceptional nature relating to the care of a child of the marriage or relationship that results in hardship for one of the parties.

Even if one of these circumstances can be established, the court has an overarching discretion whether or not to vary or set aside the order and does not exercise its discretion lightly. 

Speak to one of our family law specialists at Vic Rajah Family Lawyers to determine if your case is appropriate for your property order to be varied or set aside.