Injunctions

In some situations it is necessary to seek an injunction from the Court to stop one person from selling or otherwise disposing of assets prior to a final property settlement being reached. It is important that as soon as possible after separation you consider whether this is an appropriate step in your particular situation to avoid assets disappearing.

Apart from injunctions, which restrain a party from performing an action or require a party to perform a specific action, "non harassment" or non molestation orders against a party to a marriage are frequently made. Other applications brought under this heading include those requiring a party to surrender a passport if there is a concern about one of the parties taking a child outside Australia.

An order for sole use and occupancy of the family home is a specific form of injunction. It enables one party to have use of the home until the matter is finally concluded by the court.