Spousal Maintenance

Spousal Maintenance & De Facto partner Maintenance

Mendis & Gibson Lawyers

Spousal Maintenance Lawyers Essendon and Melbourne CBD

In Australia, there are 2 kinds of spousal maintenance applications :

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Can I get spousal maintenance?

Spousal maintenance may be granted in the Court orders to accommodate for any party who cannot support themselves after a relationship has ended. However, it is required that the other party must be in a position to be able to pay spousal maintenance. Valid reasons to claim spousal maintenance include:

The Courts will consider both parties’ circumstances in granting spousal maintenance, and this will be determined on the facts of the case. Clear and strong evidence will need to be presented to the Court to satisfy them that spousal maintenance is necessary and possible in a case and therefore necessary to be included in the Court orders.

The purpose of spousal maintenance is to ensure the property settlement reaches a just and equitable outcome and that no party to the proceedings is left at a significant disadvantage.

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How soon should one file an application for spouse maintenance?

For spousal maintenance, this must be enacted within 12 months of divorce being made final if you were married.

For de factor maintenance, this must be enacted within 2 years from the breakdown of the de factor relationship.

If the timing for application has ceased, you would need to apply for special permission from a Court however this is not always granted.