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Info Articles | Wednesday 12 August 2009
Getting to the bottom of it – third party in family court proceedings
Are you a grand parent, uncle, aunt, brother or sister caught in the middle of a dispute between husband and wife in property proceedings? You may not realise it yet but if you ever loaned anything to a party to a marriage or have assets together with that party, you may want to know where you stand in these proceedings when their marriage comes to an end. What will happen with the money you loaned? What about your joint assets? Will you be able to retain it or will it be lost in the battle between the parties?
Increasingly relatives of a party to a marriage find themselves in this predicament too often and do not know what to do, or simply give up. Under the Family Law Act, the Family Court can bind third parties by orders made to declare an interest, to defeat a claim or to impose an injunction.. I think it reads better for a lay person if you don’t quote the sections.
With proper advice you will decide whether it in your best interest to be joined as a party to the court action, apply for leave to intervene in an action already commenced or transfer proceedings to another Court such as the Supreme Court?
In this day and age where we need to preserve our assets and recover loans we gave to others, we can not afford to take things for granted if there are avenues available to resolve it. Just call for your free of charge Legal Information Desk appointment.
Related Havilah Legal service(s): Family Law
