Our Brisbane team of Spousal Maintenance Lawyers assist with negotiation, applications, responses and alterations of financial support agreements after a divorce or separation.
Managing financially after divorce or separation can be challenging. Spousal maintenance can provide short or long-term support after a relationship ends. If you are considering applying for maintenance from your former partner, or are responding to an application for financial support, our team can assist you to make fair and reasonable agreements.
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In Australia, spousal maintenance exists to financially support people leaving relationships who may not otherwise have the means to do so adequately. This can occur when one party has been a long-term homemaker or stay at home parent, or when there is a large disparity in income at the time of separation, and one party is unable to meet their basic expenses.
Courts consider the income, property and financial resources of each party to calculate whether one party is able to support the other party. The amount of financial support will be determined by these factors, and it may be awarded on an interim (short-term) or ongoing (long-term) basis.
If you are unsure of your eligibility, or if you may be required to pay spousal maintenance, get in touch with our team to discuss your current situation.
At Stewart Family Law, we understand the impact that relationship breakdown can have on your financial situation. Our Brisbane based Spousal Maintenance Lawyers provide comprehensive services to help separating couples reach fair and legally sound agreements.
Assisting with applications for interim and final orders for spousal maintenance to ensure financial support after a relationship ends.
Providing support to respond to applications for spousal maintenance, and ensuring agreements are fair and reasonable.
Helping to access financial support through spousal maintenance on an urgent basis after relationship breakdown.
Offering legal support to alter or adjust existing spousal maintenance agreements based on the changes of either party.
Assisting with legal enforcement and recovery action for unpaid or outstanding spousal maintenance matters.
Providing legal guidance for terminating a Spousal Maintenance agreement due to changes in either party’s circumstances.
It’s important to keep in mind that time limits apply for Spousal Maintenance applications and responses, which are the same for property settlement in Australia. If you are considering making an application, you have 12 months from the date of your divorce order, or 2 years from the date of separation if you were in a de facto relationship. A failure to meet this deadline requires special permission from the court, and may not be granted.
If you have been served with a request for Spousal Maintenance via an Initiating Application from your former partner, you have 28 days to file a response. A failure to do so may result in an order being made.
Our team is highly experienced with assisting people to navigate these matters. Please get in touch today for a chat about how we can assist.
What Our Clients Say
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A person may be eligible if, after separation or divorce, they cannot adequately support themselves due to caring responsibilities, age, illness or limited earning capacity, and their former spouse or de facto partner has the financial capacity to assist.
A former spouse or de facto partner may be required to pay if they have the financial capacity to contribute to the other party’s reasonable living expenses after meeting their own necessary expenses and obligations.
If a private agreement cannot be reached, an application can be filed in the Federal Circuit and Family Court of Australia. The applicant must provide financial disclosure and evidence of need. The court considers both parties’ financial circumstances before making interim or final orders.
The responding party must file a Response and provide full financial disclosure. They may dispute the applicant’s need or their own capacity to pay. The court will assess evidence from both parties before determining the outcome.
Yes. Spousal Maintenance can be negotiated or determined alongside property settlement. The court considers both matters separately but they are often dealt with in the same proceedings to resolve financial issues comprehensively.
Yes. Under the Family Law Act 1975, parties can finalise Spousal Maintenance rights in a Binding Financial Agreement, provided strict legal requirements are met, including independent legal advice for each party.
If you need assistance applying for, responding to, or alternating an arrangement, get in touch with our Brisbane team of Spousal Maintenance Lawyers today.
