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Spousal Maintenance

An Order for Spousal maintenance means that a spouse with sufficient means may, in some circumstances, have the responsibility of financially assisting their former spouse if he or she cannot meet their own reasonable expenses from their personal income or assets

In an Application for Spousal maintenance the Court takes into account a variety of factors. These factors include:

  • The needs of the applicant;
  • The other spouses capacity to pay;
  • Which party a child may live with;
  • The age and health of the parties;
  • The income and property of the parties; and
  • Whether the marriage has affected a party’s ability to earn income.

Entitlement to spousal maintenance ceases upon one party remarrying, and if a party enters into a de facto relationship, the Court will consider this in assessing whether that party is able to adequately provide for their own support.

It is important to note that applications for spousal maintenance must be made within 12 months of your divorce becoming final. If you do not apply within this time, you will need special permission of a court. This is not always granted.

Spousal Maintenance is now also avail to persons who were in a de facto relationship. Prior to 1 March 2009 only person who were married were able to apply for spousal maintenance.

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Latest Wiltshire News

How is a parent defined under the Family Law Act? This questions was posed to the Family Court In the recent case of Groths & Banks [2013]

Thursday, 18 July 2013

In recent case of Groth & Banks [2013] FamCA 430, the Family Court was asked to clarify the definition of a parent under the Family Law Act (Cth) after a child was conceived by assisted reproductive technology (“IVF”). Here the Applicant was the person who supplied his genetic material and sought parenting Orders from the Court after the Mother denied his attempts to partake in parenting the child.

Affidavits and Interim Hearings - Part 3

Tuesday, 9 July 2013

Drafting helpful Affidavits

The result in Chapa [2012] FMCAfam 1420 (18 December 2012) (see Part 1 of this Article) may have been very different if the father had provided one coherent and comprehensive affidavit by himself, setting out the facts and supporting evidence for his own case, and facts which provided evidence and support for his denials of the mother’s vast and vague allegations of family violence against him.