Maintenance

Spousal Maintenance

A person has a responsibility to financially assist their spouse (including de facto and same sex partner) if the spouse's personal income or assets cannot meet their own reasonable needs.

This obligation may continue even after separation and divorce. Applications for spousal maintenance must be made within 12 months of you divorce becoming final. Later applications require special permission to the court which is not always granted.

This is distinct from, but related to, property settlement.

Kelly & McHale Family Lawyers can assist in advising as to a party's entitlement in relation to spousal maintenance and in seeking maintenance in appropriate cases.

Property

Following the breakdown of a marriage, an appropriate division of property is critically important to the financial future of both parties. Prompt legal advice is vital.

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Parenting Arrangements

After the breakdown of a relationship involving children (whether a marriage, de facto or same sex relationship) it will be necessary to consider the appropriate arrangements for the ongoing care of the children.

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De Facto/Same sex relationships

Upon the breakdown of a de facto or same sex relationship either party can seek to negotiate, mediate or litigate any property issues arising from the breakdown of their relationship.

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Mediation

Family Dispute Resolution (FDR) or mediation is now required in all parenting matters before Court proceedings can be initiated. This means you must have at least tried or been invited to participate in mediation.

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Enforcement of Orders

Unfortunately, even where agreements have been reached or Family Court orders made, it can be necessary to take steps to enforce an agreement where one party does not comply with the terms of the agreement or the terms of an order.

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Child Relocation

In these days of greater mobility, where international and interstate relationships are more common, issues often arise surrounding the relocation of children following the breakdown of a relationship.

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Child Support

Following separation parties will need to consider the ongoing support of their children.

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