Legal Steps you should follow to claim spousal maintenance in Australia

January 22, 2020    Familylawyers   
Legal Steps you should follow to claim spousal maintenance in Australia

What is meant by Spousal Maintenance?

Spousal maintenance is determined as the weekly maintenance which is payable by one partner to the other one from their income. It is thus the sort of support provided for the well being of the partner. The support is too termed as the sort of recognition in the DE-facto relationship or the marriage showing the mutual obligations of the partners for effectively supporting and maintaining each other. It is not included in the aspects of child maintenance or support. It is all because of the reason that the child support is provided for the well being and growth of the children. On the other hand, spousal support is for helping the former partner. The concept is thoroughly applied in the Australian region. All of the essentials could be well understood by reaching the top family lawyers of Perth.

What methods incline in Spousal Maintenance?

The court undergoes considering the varied essential aspects for having the maintenance and payment to the spouse. Thus, the family lawyers would assist you with the details having the inclusion of the following:

  • The first method is like that one spouse would have the payment to the former one a lump sum amount on the basis of once off aspect.
  • Payment of small amounts by one partner to the other one on regular basis. The same could be weekly, monthly, fortnightly, etc. for a specified period of time.
  • One spouse provides the accommodation or the vehicle to the other one. It could be also like the partner undergoes making the arrangements for the living of the former one as a part of the spousal maintenance.
  • It could be also like that one spouse undergoes the payments of the essential expenses of the former partner. The same could have the essential inclusion of the loan repayments, health insurance or the payment of the specified bills.

How to have the application for the spousal Maintenance?

The spousal maintenance lawyers Perth would provide you the complete details in respect of claiming for the spousal maintenance rights. Thus, here is given the description of the three most essential steps which should be followed by an individual while claiming for the spousal maintenance:

First threshold Step: Establishment of the financial need by the applicant

It is essential that the applicant must show the proof in respect to the aspect that they are unable to provide support to themselves having the use of their earning capacity or their own resources. In this facet, the term adequate would mean to the standard of living which is estimated to be reasonable in all the conditions which not only just deals with meeting the bare needs of the individual.

The order for the spousal maintenance would not be applicable in case the individual fails to prove his/her inability of providing support to himself or herself. The court would too undergo the examining of all of the assets, expenditure, income of the applicant. It is all to determine the fact that whether the expenses exceeds the income level or not.

Second threshold Step: The applicant must have the establishment of the Respondent Ableto Pay

After setting up and determining the needs and requirements of the spouse, the next step rests with having the access to the means and the needs of the respondent. Also, it uncovers the ability of the individual to contribute for supporting the applicant. In case the respondent simply fails to pay off the requirements to the former partner, the application will fail and there would not be done any of the further inquiry in the respect.

In case, it happens like they are able to have the contribution, there will be done further inquiry in order to determine the extent for having the maintenance.

Third threshold step: Information about the income and expenses

Once it is being considered that a party is entitled to pay for certain maintenance to the partner , then the court will undergo the consideration of certain amounts and the duration for having the payments. There would too prevail the relevancy of the factors of section 75 (2). Along with this, it would too consider the information being provided about the income and the expenses. While reaching to the final decision, the court would clearly set out each of the section 75 (2) in order to provide with proper support to the former partner.

So, are you all set for claiming to claim for the spousal maintenance or still have any queries? If it’s like! Do have a visit to the best family lawyers PerthThe professionals incline to have years of experience in the field. Though, Family Law Solicitors Perth would thoroughly undergo your case study and assist you in the best possible manner for getting the maintenance payments for leading a healthy life in the era.


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