The Family Court or Federal Circuit Court deal with Spousal Maintenance Applications -
- Spousal Maintenance is financial support paid by one party to a marriage to the other party where that party is unable to adequately support themselves
- De facto Partner Maintenance is financial support paid by a party to the other party when that de facto partner is unable to adequately support themselves
Responsibility and duty to financially assist
It is important to note that under the Family Law Act 1975 a person has a responsibility to financially assist their Spouse or former De Facto Partner if that person cannot meet their own reasonable expenses from their personal income or assets.
Equal duty to support and maintain
Both parties have an equal duty to support and maintain each other as far as they can and this obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.
Time limits for Spousal Maintenance Applications
If you are married Application for Spousal Maintenance must be made within 12 months of your Divorce becoming final. If you are in a de facto relationship your obligation for de facto partner maintenance must be made within two (2) years of the breakdown of your de facto relationship.
If you do not apply within these time limits you will need special permission of a Court and you must understand that this permission is not always granted so it is very important to be aware of the time limits.
How Can My Lawyers help?
My Lawyers have extensive experience of over 35 years in dealing with all sorts of Family Law matters and Spousal Maintenance and are aware of the time limits and other issues arising in Spousal Maintenance matters and what the Court is likely to consider in a Spousal Maintenance Application which applies to both of you.
- Your Age and health
- Your Income Property and Financial Resources
- Your ability to work
- What is a suitable Standard of living
- If the marriage has affected your ability to earn an income
- If your de facto relationship has affected your ability to earn an income
Entitlement to Spousal Maintenance
It is important to know that you are not entitled to Maintenance if you marry another person unless the Court orders otherwise. If you start a new de facto relationship the Court will take into account the financial relationship between you and your new de facto partner when considering whether you are able to support yourself.
Spousal Maintenance is a complex area
As you can see the Spousal Maintenance in marriage and de facto relationships is reasonably complex. My Lawyers have extensive experience to assist you in all aspects of Spousal Maintenance to ensure that the best possible outcome is achieved in your special circumstances.
Take Urgent Action
Contact My Lawyers as a matter of urgency to avoid the numerous pitfalls, serious unforeseen consequences and penalties usually encountered by unprepared directors or interested parties involved with spousal maintenance.
Get in Touch
To speak with one of our legal experts, please complete the contact form below or telephone us on (03) 8379 1000 to get in touch with us today.
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