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Spousal maintenance is the financial arrangement where one party provides financial support to the other party at the end of a marriage or relationship.

This arrangement arises out of the legal obligation under Family Law Act 1975 to provide financial support to a former spouse or partner who has establish that they are unable to adequately support themselves financially.

A private agreement for spousal maintenance is favoured by the Australian Legal System. The Court will first require the parties to attend a conciliation conference or private mediation.

The Requirements

In the instance where an agreement cannot be reached between the parties, Sterling Legal will make an application to the Court for spousal maintenance. Here, the court will consider the circumstances of both parties including:

  1. Age and health
  2. Income and assets
  3. Capacity to work
  4. Suitable standard of living
  5. impact of the relationship or marriage on capacity to work
  6. custody arrangements

Spousal Maintenance Agreement

Spousal maintenance may be paid, according to the agreement, upfront or installments. Payment may be monetary or by way of asset transfer. Spousal maintenance can also be afforded in instances where child support is already being paid and in de-facto relationships.

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For more information, talk to the lawyers at our Community Law office today on 96497007.