Spousal Maintenance

Spousal maintenance is financial support paid by a party to a marriage to their former husband or wife in circumstances where they are unable to adequately support themselves.

Under the Family Law Act, a person has a responsibility to financially assist their spouse or former de facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets.

Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.

Whilst the emotional turmoil of a divorce may be difficult, a spousal maintenance agreement can be taken care of with the assistance of one of our family law lawyers. Strict time limits apply when making an application for spousal maintenance.

We can Help

At One Law we understand that this is a very difficult time in your life. Our priority is to resolve your matter as quickly as possible with the least cost and fuss to you.

The steps below explain how we can help you.

We make it simple

Our family law team is here to help. We would love to hear from you. You can get in touch with one of our family law lawyers by completing the online enquiry form below or by calling us on free call 1800 ONE LAW (663 529).

 

1

Meet With Us

We will spend time listening and understanding your individual circumstances and confirm your instructions that you wish to proceed with an application for spousal maintenance. We will commence completing the relevant documentation with you.

2

Put the plan in writing and lets talk

After we meet, we will put together the application form and mark the relevant parts for your spouse to complete. It’s now time to show this application to your ex-spouse for their consideration and signature.

3

Negotiate the final terms

Generally, as long as the parties are agreeable to the spousal maintenance agreement, within a short space of time we should be able to complete the application which is then forwarded to the Family Court of Australia for processing.

4

Apply to the court for consent orders

We can then apply to the court to formalise the orders. We will finalise relevant application and file it with the court. After the court processes the application the court will confirm that the orders have been made and are now binding.

5

Apply to the court for final orders

There are times unfortunately when a spousal maintenance application is opposed to by one of the parties. If this occurs then it will be necessary to attend a court hearing regarding the application.

Do you need to speak to a lawyer?

Call us on our free advice line or leave your details and we'll call you back.


Phone

1800 663 529