Hi there. ‘Final orders’ refers to a document issued by a court that outlines the division of property between two people who were married or in a de facto relationship and have now divorced or separated. Financial orders issued by a court are binding and must be followed by both parties. Generally speaking, it is possible to vary the terms of the orders if both parties consent and the variation is in writing.

Varying the orders by text message is risky because it is an unreliable way to execute a legal agreement. Text messages can be deleted and, unlike a formal written agreement, they do not have the signatures of the parties involved. If there is a dispute between you and your ex-partner in the future about the financial orders or property settlement, a court may not accept the text messages as evidence of a valid variation to the final orders.

If you want to vary the financial orders made by a court you can negotiate a further agreement with your ex-partner. This agreement should be put in writing, dated and signed. You should also get a family lawyer to prepare this agreement so as to minimise the risk of further problems in the future. If you cannot reach an agreement with your ex-partner, you can apply to court to have the original orders varied. The court will take into account any new circumstances that have arisen or any specific alterations you want to make to the original orders.