Working of spousal maintenance in Australia

People might ask “what is spousal maintenance?”, the answer is quite simple: it is financial assistance given by one ex-partner to the other if they are financially unstable. Spousal maintenance in Australia can also be paid by lump sum in lieu of spousal assets to be shared, such as boats or cars.

There are two types of spousal maintenance, the Family court or the Federal court deals with them. 

1. Spouse maintenance: One person gives this financial support to his or her former husband/wife. Their previous partner gives them financial assistance.
2. De facto partner maintenance: If a couple is no longer in the de facto relationship, then one may give financial assistance to other partners. 

The family law Act 1975 states that a person is responsible for assisting the former de facto partner financially if he cannot meet his expenses. https://www.legislation.gov.au/Details/C2019C00182

What are the critical factors in the court’s decisions:

Before making a decision, the court checks the applicant’s needs and the financial stability of the respondent. The following are essential factors for both persons:

1. Age and health
2. Yearly income, current property and financial resources
3. Can the applicant work?
4. Standard of living
5. Has the marriage affected financial status?
6. Are they supporting any other person? 
7. Do any of the parties have social security benefits?
8. How much one has contributed to the financial state of the other.
9. How much has the relationship affected the earning of the applicant?
10. Are there any possibilities for child support payment?
11. Do the parties have any financial agreements between them?

You can see section 75(2) (married) and for de facto check 90SF (de facto) to know more.
(Source: https://www.legislation.gov.au/Details/C2019C00182)

Can I have spouse maintenance if I was in a de facto relationship?

If you were in a de facto relationship, and now you want to apply for spouse maintenance then give a read to De facto property regime page it is on the Attorney-General’s website. You will know whether you are eligible for spousal support or not.
(Source: https://www.ag.gov.au/families-and-marriage/families/de-facto-property-regime)

The law is different for people living in Western Australia. You should visit the website of the Family court of Western Australia. 

(Source: https://www.familycourt.wa.gov.au/)

What is the procedure of spousal maintenance?

It is good to have an agreement with your spouse before applying for spousal maintenance. If there is no agreement, then you can use the Federal Circuit Court. You will have to submit your income and expenses details in a financial statement when applying. The spouse will follow the procedure. 

If there is an urgent need for financial assistance, then the court may order immediate payment. 

Spousal maintenance Australia: calculator

Every applicant has a question in mind that “How much is spousal maintenance?”. Well, there is no fixed amount, but the court follows a procedure. We have tried to explain it below. 

The court will check the financial condition of the applicant and the capacity of the spousal, after that the court will make a judgment about the payable amount. There is no formula for calculating spousal maintenance. The court assumes the day-to-day expenses of the applicant and the respondent, and then it will be decided whether to pay the spousal support or not if it is payable then how much. 

If the applicant is responsible for taking care of the child or children below the school-age, then the court will not ask you to work as the children will need full attention. But, once the children reach school-age, you will need to work unless you do not have some other responsibilities. 

Will I receive spousal maintenance if I am in a new relationship?

If you marry a new person, then you will not get spousal maintenance, unless ordered by the court. See section 82 for more information. (Source: https://www.legislation.gov.au/Details/C2019C00182)

If you are in a new de facto relationship, then the court will consider your financial status and of your new partner and will make an original decision according to that. 

When should I apply?

The deadline for applying is different for both conditions. Suppose you were married and had a divorce. Then you should apply within 12 months from the date of the separation. In the case of a de facto relationship, there are two years for using. 

If you are unable to apply within time, you can have special permission from the court for using even after the time. But, you will not get this chance if you don’t have a valid reason for the late submitting of the application.

Do I need to have a lawyer for spousal maintenance?

You should contact experienced family lawyers when applying for spousal maintenance. 

There are many essential factors in a spousal order. Every case is different, and the conditions vary from person to person. The payable amount changes from case to case. It would help if you considered experienced family lawyers to understand your situation. 

If you are looking for spousal maintenance QLD, then Mackay family lawyers are your choice. With the help of our lawyers, we can get you spousal maintenance. 

Conclusion:

Spousal maintenance is a part of property settlement in addition to child support. It is paid for a limited time until the other party is stable to afford the expenses. In some cases, it can be permanent. We can help you to get spousal maintenance.

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Property Settlement After Divorce

Stats show that in Australia at least one-third of relationships end in divorce or separation. Usually, we don’t find accurate information about property settlement after separation or divorce. 

Different cases have different results. All cases are decided according to the given facts, the result of each case is different. 

Misconceptions about property settlement:

Each case of a property settlement after divorce has different results. We hear different wrong statements from our clients. Let’s have a look at wrong divorce property settlement examples in Australia. 

• Everything is divided equally: People think that the property is divided equally among both parties. The truth is that there is no such rule. Also, there is no mathematical formula for dividing property. It is decided according to the given facts.
  
  
• To get a property settlement you will have to go to court: This myth is also not true. There are only 5% of couples who have to visit the court. All other cases are resolved through mediation, or by a solicitor to solicitor negotiation. After they agree about dividing their assets, they write an application for consent orders and the court just approves the application. They don’t even have to go to court. 

Can I apply for a property settlement if I was in a de facto relationship?

Recently there were no such rules for de facto relations. But now Family Court and the Federal Court can make a financial decision for the couples who were in a relationship.

How property is divided?

After divorcing in Australia property settlement is decided easily. But sometimes, you may have to visit the court. So, you must be prepared for it. Let’s know about the basic rules about divorce property settlement. The court does not have a formula for dividing the property. No one knows about the exact results of the case. The judicial officer will decide according to the given facts of your case. 

The family law act 1975 has declared the general principles which are followed by the court while deciding financial disputes after the divorce, also there are rules for property settlement after the ending of a de facto relationship. See sections 79(4) http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s79.html

And 75(4) http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s75.html

To know about property settlements after divorce. If you were in a de facto relationship then you may look at 90SM(4) http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s90sm.html 

And 90SF(3) http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s90sf.html

The basic rules are the same whether you were in a marriage or a de facto relationship. 

• Working on the properties that you owe.
• What was the contribution of each party to the marriage or de facto relationship? For instance their salary. 
• The court will also consider gifts and inheritances from each party or their families. 
• The court would like to know about the non-financial contribution of each party, for example caring for children or homemaking. 
• The court will look at future possibilities according to one’s health, financial status, custody of children and whether he or she can have the ability to earn. 

The division of assets will depend on your financial status. You may get more or less according to your condition. 

What is the time limit for application of property settlement?

Property settlement after divorce has a time limit. In case of a divorce you should for this application in 1 year of the divorce becoming final. If you were in a de facto relationship, it expands to two years after the breakdown of the relationship. 

If you were not able to apply in the given you will have to get special permission from the court to apply this application. 

Is it good to have a property settlement?

If your financial condition is not good then you should go for property settlement. But, the court has the authority to decide about property settlement. If the court finds that it is suitable to divide property then the court will not allow it. It is all based on the given facts and circumstances. If the court decides not to allow property settlement then both parties will leave with the properties under their name and possession. 

Explain the property pool:

In the property pool, all the assets and liabilities of both parties are included, it also includes assets in joint names. It can include a house, townhouse or a block of land. It can also be a business vehicle, motor vehicle, camper, boat, bank accounts, shares and nowadays bitcoin is also included. In liabilities loans like mortgage, personal loan and a business loan is added, also credit card, debt Australia is included in liabilities.  

What about property sold after separation or divorce? 

If a party sales one or more of its properties after divorce or separation, these properties are added back in the property pool. It is good to negotiate with the other person before taking such a step. The same procedure should apply if you purchase a new property. 

How will financial agreements help?

These agreements are just like contracts. In these agreements, parties decide how they want to divide the property. The couples in a marriage or de facto relationship candy go for financial agreement. You can make these agreements before, during or after your marriage. 

If you are thinking of making such agreements then you should understand the terms and conditions of the agreement. Before signing the agreement you should receive legal advice. This agreement can save a lot of time. The property settlement after divorce gets easier if you have such an agreement. 

How can Mackay family lawyers help?

At Mackay family lawyers we have the most experienced lawyers for divorce property settlement. We can deal with all kinds of property issues. We have made many satisfied clients. We can help you get your true right. 

A few more questions:

Here are some commonly asked questions about property settlement after divorce. 

How divorce property settlement is decided?

The easy solution to this problem is that you should decide how to divide property by discussion. But most couples don’t agree with this solution so you will have to go to court. In court, the judge will decide according to the stats provided by both parties. The decision changes according to one’s financial status.  

How can I apply for divorce property settlement after the deadline?

You will have to tell the court about the cause of the delay. You must show them that your life or the life of the child will get harder if the court does not allow you to proceed. 

What is meant by Binding Financial Agreement?

The Family Law Act allows couples in a marriage or in a de facto relationship to agree to property settlement if their relationship breaks down. This agreement is called the Binding Financial Agreement. In this agreement, the court is not involved in any kind of property matters. The court is involved if this agreement is terminated by the parties. 

Article Source: Divorce Property Settlement