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.

Legal Separations

Divorce

An application for divorce can be made by either party to a marriage or by both parties jointly, after the parties have been separated for a period of at least 12 months immediately preceding the filing of the application. Read More...

Legal Separations

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. Read More...

Children

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. Read More...

Children

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. Read More...