How Family Lawyers Assist You To Win A Spousal Maintenance Case

April 18, 2020    Familylawyers   
How Family Lawyers Assist You To Win A Spousal Maintenance Case

The legal system of Australia allows a compensatory allowance to one of the partners in the event of the dissolution of a marriage or de facto relationship in the form of spousal maintenance. The amount of money or other benefits, to be arranged for by one of the partners is the subject of a decision of a court. To ensure that you are getting the correct treatment you deserve, or to be protected against the clutches of greedy partners, you should contact and get help from the most proficient spousal maintenance lawyers Perth for your case. Usually, they are skilled in the legal regulations related to these topics.

The criteria to apply for spousal maintenance

The Australian court of law has several distinct criteria to follow when applying for spousal maintenance after the relationship has ended. This step was added in the proceeding to ensure that either of the partners formerly in a marital and de-facto relationship does not use the law to unethically make the other a personal mint. There are several criteria, subject to whose fulfilling, the court can order spousal maintenance. You can get the details from the family lawyers PerthSome of the common conditions are;

  • One of the partners has to be unable to support themselves appropriately.
  • They must show an adequate reason to support themselves (caring of a child under 18, advanced age, physical or mental inability to labour, caring for a person with incapacity, or inadequate earnings to support themselves.
  • One party has the financial capacity to take care of the reasonable needs of the other unable party.

In addition, there are time limits within which the spousal maintenance claim can be submitted. For more details and to complete the total process within the time frame, contact with top family lawyers Perth if you are serious about the issue.

The time limits

The family law of Australia has given a separate time-frame for the application for a spousal maintenance case to the court. According to Section 44(3)(c) of the Family Law Act 1975, the partners in a marriage have 12 months to apply for the spousal maintenance after the divorce has taken place. For de facto couples, this time is 2 years from the year of separation after which a spousal maintenance claim cannot be submitted to the court (as per Section 44(5)(a) of the Family Law Act 1975). Although, there have been instances of a hearing after these stipulated dates, however, these cases are extremely rare.

The procedure for application

According to the family law solicitors Perththe two separate parties should attempt to resolve their dispute before knocking on the doors of the courtroom. It is better to come to a direct agreement, but remember to make that agreement formal and register it with the appropriate authority to make it a binding legal document. If no such argument exists, the parties may move to mediation by the Family Dispute Resolution courts. This option is usually quicker and often the most economical than a full-blown case. If still there is no solution, the spousal maintenance lawyers have to be consulted for a proper court case.

The procedure to apply for a spousal maintenance order involves the lodging of an application, affidavit, and financial order that proves a variety of factors, including but not limited to;

  • The practical day-to-day living expenditures of each spouse (proof of expenses have to be attached)
  • The partner where the children from the relationship are going to live
  • The oldness and health of both parties
  • The earnings, possessions and financial resources of each of the partners
  • The capacity of the spouse applying for spousal maintenance for work
  • An appropriate standard of living for both partners.
  • The event where the ability of the partner to work with the lower-income has become affected by the marriage.

After the filing of such notice, you need to serve the other party with these documents. they have 14 days by law to submit their own application, affidavit, and financial order to the court. After deliberation, the court may order one of the things;

  • Listing the matter
  • Making a vital or interim spousal maintenance order
  • Adjourn the application, sometimes to let the parties collect further evidence

The utility of hiring a lawyer

It is hard for an individual with no training in the legal procedures to understand and implement the jargon of law. Likewise, in the case of spousal maintenance claims, it is best to consult a lawyer before an actual court date is attended. The legal counsel can advise you on the reasonable amount you need to pay if any. He or she can also guide you on the documents and the proofs that are necessary to present your situation properly. Therefore, the consultation of a family lawyer will be important in spousal maintenance claims.

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