These matters can be difficult to navigate when trying to determine the quantum, type and duration of spousal maintenance obligations which require an assessment a number of technical factors.
We can assist you with any query or advice you require relating to:
- negotiating spousal maintenance in financial settlements and drafting Financial Agreements and/or Court Orders to properly formalise settlement terms; and
- seeking spousal maintenance or opposing an Application for spousal maintenance in the Federal Circuit and Family Court of Australia should that become necessary.
We understand how important it is to carefully consider your position following the breakdown of a relationship. Our approach is personalised. We believe in tailored and regular communication with our clients regarding the progress of their matter and the implementation of effective strategies to enable our clients to move on with their lives.
What is Spousal Maintenance?
If your current or former spouse doesn’t have the means to support themselves financially, you may be legally required to pay an amount of money as ordered by the court. In Australia, an application must be made by your spouse to receive financial support; you won’t automatically be made to pay them anything. Once a case has been filed, the court will decide whether they are entitled to receive spousal maintenance based on a number of key factors, including: Read More
- Whether the prospective recipient is obliged to look after dependents under 18.
- Your age and health status and that of your current or former spouse.
- Whether the applicant is in a position to undertake employment.
- The availability of financial resources for each person involved.
- Whether each person is entitled to receive a pension, allowances, or state benefits.
- The length of the marriage.
- Conditions of any property settlement.
- How much child support is being paid?
- The terms and conditions of any existing legally binding financial and prenuptial agreements.
This list is not exhaustive, and considerations will be up to the discretion of the court. If the recipient of spousal maintenance goes on to remarry, they will no longer be entitled to payments from you.
You will usually be required to make payments until your previous partner is able to stand on their own two feet financially. In some cases, payments may be paid until either you or your former partner dies.
How Would a Spousal Maintenance Lawyer Offer Support?
If your current or former spouse has applied for the payment of spousal maintenance, we can support you in a number of ways.
- We can assess the likelihood of them winning their case and advise you on your obligations and options.
- We will assess your ability to pay spousal maintenance and offer advice and solutions depending on your situation.
- We can help negotiate a payment plan with the other party and their legal team.
- We can help contest a current agreement if you believe that you’re being taken advantage of; the recipient isn’t fulfilling any obligations on their end.
What Rules Does the Applicant Need to Follow?
If you’re worried that the applicant will get the better end of the deal, there are some important obligations that they’ll be required to fulfil.
Whether you are looking to apply for spousal maintenance, or you’ve had a claim taken out against you, a spousal support lawyer at Velocity Legal will be able to assist you in navigating the legalities and help you come to an agreement. Book a FREE initial consultation to find out more. Read Less
