Many divorcing couples in Perth, reach out to the Burra Robinson Family Lawyers (https://www.brfamilylaw.com.au/our-services/divorce/) instead of just applying online. Although the country’s Family Law Act 1975 had transformed the divorce proceedings into a no-fault system, there are certain agreements that best arranged with the help of expert family law and divorce lawyers.
Moreover, many specifically choose the BR Family Law Firm because of their track record in securing the most practical possible solution without prolonging the legal processes that could blow up the related legal fees collected from clients.
While the division of marriage assets and child custodianship are common issues between divorcing couples, the matter of obtaining spousal maintenance is another divorce matter needing a separate agreement.
The division of assets is a different matter because there are cases when a spouse has to have a steady source of money that will provide the basic needs of a standard living condition.
Although historically and statistically, women are adversely affected financially after a divorce. The Family Law Act 1975 implemented changes to address such issues.
AU’s Family Law Act 1975 and a Spouse’s Need for Financial Support After a Divorce
There are cases where a divorce leaves a spouse in need of financial support despite a satisfactory division of marital assets. Under the Australia’s Family Law Act 1975, divorced couples still have an equal obligation to support each other as much as they can, when the need arises.
However, when the estranged couple do not see eye-to-eye on what is reasonable as financial support, a seasoned lawyer can help thresh out contentions, so that the ex-partners can arrive at a reasonable spousal maintenance agreement.
Yet, it is possible for the Family Court of Australia to deny an application for financial support after a divorce, if the spouse already received a substantial amount of share in the division of the marriage estate.
Actually, the Family Court of Australia takes into account other considerations and circumstances when asked to decide on the extent of spousal maintenance to award to the petitioning spouse.
What is Spousal Maintenance? What Does the Family Court Consider in Granting Spousal Maintenance
Spousal Maintenance refers to the financial support that a former wife or husband will receive as supplementary financial support after a divorce. In some rare cases, the Family Court may approve a legal petition for spousal maintenance even if the husband and wife have not formally separated or are still living together as estranged couple.
On the other hand, if the ex-partner requesting spousal maintenance remarried, or has entered into a new relationship, he oe she forfeits the right to receive spousal maintenance. Not unless the Family Court orders otherwise, since the court magistrates take into account other matters such as the following:
The spouse seeking supplementary financial support assumed the responsibility of paying the major financial obligations of their former household.
The petitioning spouse received complete custodianship of all children aged below 18; including those 18 and above but with disability or special needs.
In evaluating matters regarding the granting of spousal maintenance and the extent of financial support, the Family Court also considers the age and health conditions of both spouses.
The Court also considers the individual ability to work and what is deemed as suitable standard of living for the petitioning spouse.
In some cases, financial support to a spouse who lost his or her ability to find work and earn income as a result of the failed marriage might be considered by the Family Court.
However, divorce lawyers remind their clients that prior
to applying for spousal maintenance, the Family Court a couple to show proof that they have been separated for 12 months at the very least.