Spousal Maintenance Lawyer Sydney
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Explaining spousal maintenance in Australia
According to the Family Law Act, an individual bears the responsibility of providing financial assistance to their spouse or former de facto partner when the recipient cannot use their own income or assets to cover their reasonable expenses.
In situations where there is a demonstrated need, both parties share an obligation to support and maintain one another to the best of their abilities. This duty persists even after separation or divorce, with the level of support being contingent on the financial capacity of the other party.
Our family lawyers in Sydney are highly experienced and accomplished in all areas of spousal support and Court representation. If you need spousal maintenance or your ex-partner is claiming maintenance from you, rely on our specialist knowledge and skills. We’ll work to minimise the stress, confusion and emotion to achieve the best outcome for you.
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You can start applying for spousal maintenance any time after separation. However, there are time restrictions and deadlines by when an Application for Spousal Maintenance must be made (this is known as a limitations period). The limitation period is the same as for a property settlement application following the breakdown of a relationship.
Couples who were in a married relationship must apply within 12 months from the date that their Divorce Order becomes final.
Couples who were in a de facto relationship must apply for de facto maintenance within 24 months from the date of their separation.
If there is a dispute regarding the date of your separation or other complicating factors, obtaining legal advice early can be crucial to your case.
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Typically, payment terms are fixed for a period of time. For example, until the party receiving maintenance is able to financially support themselves. However, in some less common cases, maintenance can be ordered to be paid on a more permanent basis.
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Family Law spousal maintenance does not have to start and end in Court. On the contrary, our experienced family lawyers will encourage you to try and reach an agreement with your ex-partner away from the Court. In doing so, you will avoid costly legal fees, potential outcome delays, uncertainty of outcomes and, no doubt, prolonged trauma.
If your case does proceed to litigation, the Court will consider the following factors when considering an application for spousal maintenance:
The age of parties involved
Health status
Income, earning capacity, financial resources, assets and resources
The applicant’s needs and the respondent’s capacity to pay
What is deemed a suitable standard of living for the dependent
Who the children live with, should under-age dependents be involved
Whether the relationship has affected either person’s ability to generate an income
The terms of any binding financial agreement
Pension eligibility
Any creditor rights
The duration and effect of the marriage or de facto relationship
Whether any party is now cohabitating with another third party
Whatever your situation, call 1300ESPINO for the best legal advice
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Spousal maintenance is not child support (child support is the term for ongoing payments made for under-age dependents). Instead, spousal maintenance money is provided to and for the ex-partner who is unable to financially support themselves following separation.
For Australian family law experts, call 1300ESPINO.
Our professional spousal maintenance services
You can expect impeccable legal advice, knowledge and counsel from your Espino Law family lawyer. Our services include:
Legal advice
We have extensive experience in Family Law and can advise on your application, factors the Court is likely to consider concerning your case, eligibility and what might be a reasonable outcome or financial amounts to expect.Negotiation
It is in your best interest to avoid going to Court. We will do all we can to make that happen. You can trust our excellent negotiation skills - we will find an agreement that benefits everyone and takes care of your interests.Court representation
If Court is unavoidable, you will have the best legal professional in your corner. We understand Family Law, the Court system and what is required to deliver an ideal outcome for you.Modification of spousal maintenance orders
You may be required to modify a Court Order for maintenance in various circumstances for example if your circumstances change or your former partner is not making payments. If either of these circumstances apply, we can assist.Financial disclosure
You may require the disclosure of certain financial information. We can help make the formal arrangements to facilitate such disclosures.
For all spousal maintenance advice, contact 1300 377 466.
Why Espino Law spousal maintenance lawyers?
Kateryna, our Founder, has a Master's Degree in Family Law. Her incredible level of knowledge and experience is second to none.
Your spousal maintenance lawyer will aim to resolve this matter promptly for you. We will do our best to minimise the duration, whether through mediation or litigation.
Family Law is incredibly complex, even for the Courts. We break down the language and empower you to understand the jargon and processes.
Communication and transparency is vital. You need to trust us. We keep channels open and update you along the way so you’re never in the dark.
Should you require assistance in any other Family Law matters such as a property settlement or arrangements for your children, we can assist.
FAQ
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This is the term we use in Australia to refer to the financial support one spouse or de facto partner may be required to pay to another following their separation or divorce.
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This is a case-by-case basis and cannot be determined at face value. Here at Espino Law, we review the details and advise whether or not you have a strong case. We will be the first to advise if the evidence is too weak to proceed.
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Spousal maintenance may sometimes be backdated, yes. However, this depends entirely on the details of the case at hand.
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You may agree to pay spousal maintenance if you and your ex-partner negotiate fair and reasonable terms. If you cannot agree and the matter escalates, the Court will decide for you if spousal maintenance is required to be paid and if so, the amount.
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We recommend seeking legal advice before making any application. This is a complicated process, and Courts make decisions on a case-by-case basis. Typically, it is better to attempt mediation and see if you can come to a mutually agreed decision. Excellent legal representation is an advantage in this - and every - stage of the process.
Contact us for spousal maintenance NSW advice
Understand your rights and get the best legal representation with Espino Law. We’re here to provide you with the highest level of legal support and counsel - contact our family lawyers today.