Spousal Maintenance Lawyers Melbourne

Spousal maintenance is financial support payable by a husband, wife or de facto partner to the other partner if they are unable to support themselves adequately after a relationship breaks down. Once established, the liability may continue after divorce.

Spousal maintenance can be applied for at any time before a divorce becomes final. However, once a divorce becomes final, there is a 12-month time limit for bringing an application for spousal maintenance. It is more difficult to apply for spousal maintenance after this 12-month limit.

Yes, spousal maintenance payments can be arranged alongside a property settlement. During the divorce or de facto separation process, a person seeking maintenance may request spousal support as part of the property settlement or via a spousal maintenance order. Frequently, spousal maintenance will end upon the finalisation of a property settlement. In some circumstances the entitlements may continue. Family law services can assist in negotiating the terms of maintenance and financial support as part of finalising the financial future post-separation.

To seek spousal maintenance, the person seeking maintenance must prove they are unable to adequately support themselves due to factors like financial hardship, mental or physical incapacity, or caring for a child and that the prospective payer can pay the potential liabilities. Once the threshold test is met, other factors determine the level of the maintenance paid. The Family Law Act considers the financial capacity of both parties involved, their needs and whether the person seeking maintenance has reasonable expenses they cannot meet without assistance.

The amount of spousal maintenance depends on the individual circumstances of both parties involved. Factors like the financial capacity of the paying party, the needs of the person seeking maintenance and any child support payments will be considered. Payments can be ordered in regular instalments or as a lump sum payment, determined by a Family Court order or consent order.

The test for spousal maintenance is whether the person seeking maintenance can support themselves financially, and, if not, can the other party afford to meet the pay the shortfall? The Family Law Act 1975 considers factors such as the financial resources of both parties, and their ability to obtain employment. The Federal Circuit and Family Court assesses whether the paying party can provide financial support, taking into account their capacity to do so.

There is no set time limit for spousal maintenance, but it typically lasts until the person seeking maintenance becomes financially self-sufficient or enters a new de facto relationship or marriage. Maintenance may also be reviewed if there are significant changes in circumstances, such as the paying party’s financial capacity or the person seeking maintenance’s ability to support themselves.

There are time limits for applying for spousal maintenance. These applications must be made within 12 months of a divorce or, if the parties are in a de facto relationship, within 2 years of the breakdown of the de facto relationship.

Yes, spousal maintenance can apply after either a marriage or de facto relationship breaks down. De facto couples can apply for spousal maintenance if they have separated and one partner is financially dependent on the other.
The Family Law Act 1975 recognises de facto relationships, and a former de facto partner can seek financial assistance if they are unable to adequately support themselves. The criteria for spousal maintenance in de facto relationships are similar to those in marriages.

Under the Family Law Act 1975, one partner may be required to provide financial support during separation if the other party is in financial hardship. The person seeking maintenance must show they are unable to adequately support themselves and meet their own reasonable expenses without assistance. If spousal support is ordered, it can be formalised through consent orders or a financial agreement, depending on individual circumstances.

The duration of spousal maintenance depends on the financial needs of the person seeking maintenance and the paying party’s financial capacity. It may continue until the recipient is financially self-sufficient or be a fixed period as specified by a court order. Maintenance may end sooner if the recipient enters a new de facto relationship or marriage.

Spousal maintenance can be paid in regular payments or as a lump sum, as determined by a financial agreement or consent order. The person seeking maintenance can receive spousal maintenance in instalments, and the payments are typically made directly to them. The court considers both parties’ financial situations and the other party’s ability to provide financial support when ordering payments.

Spousal maintenance is legally formalised through a court order, which outlines the amount, frequency and duration of payments. Alternatively, parties involved can agree on the terms of maintenance through consent orders. Legal procedures will involve seeking legal advice to ensure all relevant factors are considered, including the financial resources and needs of both parties involved.