If there is a risk that one spouse may deal with property to the detriment of the other, for example by dissipating, transferring, or encumbering it, the Court may grant an injunction under section 114 of the Family Law Act 1975 (Cth). For example, if a spouse is leaving a job and will be paid long service leave or will be entitled to take superannuation funds in cash, it may be necessary to seek orders preserving those funds.
If funds are frozen by injunction or otherwise, it is also possible to apply for release of some portion of those for urgent specific purposes, such as payment of medical or educational expenses for the children. However, the Court would seldom regard the application for property settlement in itself as urgent and normally those which cannot settle will be dealt with in the ordinary course of the trial list.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.