About Spousal Maintenance
We can help with all areas relating to spousal maintenance.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our Process
- The Law
- How It Works
FreePhone case assessment
Lets talk about your situation confidentially. We will need to understand your current circumstances, any formal or informal agreement you have in place so that we can determine if we can provide valuable legal assistance.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf for your spousal maintenance issue.
Don't risk making common mistakes.
Make sure you get the best possible results by seeking professional legal advice first.
Lawyers with spousal maintenance experience
Meet with lawyers that have successfully worked with spousal maintenance issues before.
- Past Cases
- Good Results
- Happy Clients
The Law
The matters to be so taken into account in relation to spousal maintenance include:
- a. the age and state of health of each of the parties; and
- b. the income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment; and
- c. whether either party has the care or control of a child of the marriage who has not attained the age of 18 years; and
- d. commitments of each of the parties that are necessary to enable the party to support:
- i. himself or herself; and
- ii. a child or another person that the party has a duty to maintain; and
- e. the responsibilities of either party to support any other person; and
- f. subject to subsection (3), the eligibility of either party for a pension, allowance or benefit and the rate of any such pension, allowance or benefit being paid to either party; and
- g. where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable; and
- h. the extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income; and
- i. the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party; and
- j. the duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration; and
- k. the need to protect a party who wishes to continue that party‘s role as a parent; and
- l. if either party is cohabiting with another person the financial circumstances relating to the cohabitation; and
- m. the terms of any order made or proposed to be made under section 79; and
- n. the terms of any order or declaration made, or proposed to be made, under Part VIIIAB;
- o. any child support under the Child Support (Assessment) Act1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage; and
- p. any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account; and
- q. the terms of any financial agreement that is binding on the parties to the marriage; and
- r. the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage.
In Plain English
Spousal maintenance is when one person provides ongoing financial support for their former husband or wife. Essentially, the extent of the support depends on the following:
- One spouse is unable to adequately meet his or her own reasonable needs; and
- The other spouse has the capacity to pay.
Further, the court will consider if it is appropriate for a spousal maintenance order to be made based on the following:
- Your income, property, financial resources and debts
- Your age and health (which determines future requirements)
- Your ability to earn, and whether this has been affected by the marriage
- What is considered to be a suitable standard of living
- Whether the children live with you or your former spouse.
Don't risk making common mistakes.
Make sure you get the best possible results by seeking professional legal advice first.
Lawyers with spousal maintenance experience
Meet with lawyers that have successfully worked with spousal maintenance issues before.
- Past Cases
- Good Results
- Happy Clients
How Spousal Maintenance Works
Spousal maintenance is not automatic, and often is considered as part of an overall settlement of financial matters. Applications for spousal maintenance must be made within 12 months of your divorce becoming final.
It is necessary that both parties attempt to reach an agreement outside of court, before filing an application for spousal maintenance orders. When spousal maintenance applications are filed with either the Family Court both parties are ordered to undergo "pre-action procedures" including participation in a dispute resolution.
Don't risk making common mistakes.
Make sure you get the best possible results by seeking professional legal advice first.
Lawyers with spousal maintenance experience
Meet with lawyers that have successfully worked with spousal maintenance issues before.
- Past Cases
- Good Results
- Happy Clients
The courts and prosecution take common assault charges seriously, if you are convicted of a common assault it can have a big effect on your life and mental wellbeing. It's important to remember that with a good legal team even if you are found guilty they can help to reduce any possible penalties that might be enforced. It's also possible in certain circumstances to make an application to stop a conviction showing up on a criminal record check for employment purposes.
What’s taken into account if you’re found guilty
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Don't risk making common mistakes.
Make sure you get the best possible results by seeking professional legal advice first.
Lawyers with spousal maintenance experience
Meet with lawyers that have successfully worked with spousal maintenance issues before.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Lets talk about your situation confidentially. We will need to understand your current circumstances, any formal or informal agreement you have in place so that we can determine if we can provide valuable legal assistance.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf for your spousal maintenance issue.
Don't risk making common mistakes.
Make sure you get the best possible results by seeking professional legal advice first.
Lawyers with spousal maintenance experience
Meet with lawyers that have successfully worked with spousal maintenance issues before.
- Past Cases
- Good Results
- Happy Clients
The law
Finding yourself charged with common assault can be a worrying and stressful period in your life. We have been through this process with many clients and understand you need to gain a clear legal pathway to put your mind at rest quickly so you can focus on gaining the best posible result. Our process for clients who have a matter relating to common assault is simple, transparent and listed below.
THE LAW
The matters to be so taken into account in relation to spousal maintenance include:
- a. the age and state of health of each of the parties; and
- b. the income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment; and
- c. whether either party has the care or control of a child of the marriage who has not attained the age of 18 years; and
- d. commitments of each of the parties that are necessary to enable the party to support:
- i. himself or herself; and
- ii. a child or another person that the party has a duty to maintain; and
- e. the responsibilities of either party to support any other person; and
- f. subject to subsection (3), the eligibility of either party for a pension, allowance or benefit and the rate of any such pension, allowance or benefit being paid to either party; and
- g. where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable; and
- h. the extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income; and
- i. the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party; and
- j. the duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration; and
- k. the need to protect a party who wishes to continue that party‘s role as a parent; and
- l. if either party is cohabiting with another person the financial circumstances relating to the cohabitation; and
- m. the terms of any order made or proposed to be made under section 79; and
- n. the terms of any order or declaration made, or proposed to be made, under Part VIIIAB;
- o. any child support under the Child Support (Assessment) Act1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage; and
- p. any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account; and
- q. the terms of any financial agreement that is binding on the parties to the marriage; and
- r. the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage.
In Plain English
Spousal maintenance is when one person provides ongoing financial support for their former husband or wife. Essentially, the extent of the support depends on the following:
- One spouse is unable to adequately meet his or her own reasonable needs; and
- The other spouse has the capacity to pay.
Further, the court will consider if it is appropriate for a spousal maintenance order to be made based on the following:
- Your income, property, financial resources and debts
- Your age and health (which determines future requirements)
- Your ability to earn, and whether this has been affected by the marriage
- What is considered to be a suitable standard of living
- Whether the children live with you or your former spouse.
Don't risk making common mistakes.
Make sure you get the best possible results by seeking professional legal advice first.
Lawyers with spousal maintenance experience
Meet with lawyers that have successfully worked with spousal maintenance issues before.
- Past Cases
- Good Results
- Happy Clients
How It Works
How It Works
Spousal maintenance is not automatic, and often is considered as part of an overall settlement of financial matters. Applications for spousal maintenance must be made within 12 months of your divorce becoming final.
It is necessary that both parties attempt to reach an agreement outside of court, before filing an application for spousal maintenance orders. When spousal maintenance applications are filed with either the Family Court both parties are ordered to undergo "pre-action procedures" including participation in a dispute resolution.
See Property Settlement process
Don't risk making common mistakes.
Make sure you get the best possible results by seeking professional legal advice first.
Lawyers with spousal maintenance experience
Meet with lawyers that have successfully worked with spousal maintenance issues before.
- Past Cases
- Good Results
- Happy Clients
