Arbon Legal Group
Family law

Spousal Maintenance

Contact us at Arbon Legal Group to discuss your spousal maintenance needs with one of our experienced Family Lawyers.

Are you entitled to

Spousal Maintenance

Can you claim from your ex or are they trying to claim from you?

Spousal Maintenance

Moving on from a long relationship can be daunting, especially when one partner is dependent on the other for financial support.

Spousal maintenance or de-facto maintenance is financial support paid by one person to their former partner when they can’t adequately support themselves.

  • The Court considers the needs of one person versus the capacity of the other partner to pay. The Court considers the following about both of you:

    • your age and health;
    • your income, property and financial resources;
    • your ability to work;
    • the expected suitable standard of living;
    • if the marriage has affected your ability to earn an income; and
    • with whom the children live.

    Married couples must file their claim within 12 months of divorce, and de facto couples must file their claim within 2 years of separation. If you re-marry, you are not entitled to receive spousal maintenance unless you obtain an order from the Court to the contrary.

    Please contact us today to see if you are likely to qualify for spousal or de facto maintenance or to see if your ex has a good claim against you. Call us on 07 5562 0444 or email info@arbonlegal.com.au

Spousal Maintenance

Frequently asked questions

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

  1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
  2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

  1. it has been less than 12 months since separation; or
  2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

 YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

A divorce order takes effect one month and one day after the divorce is granted.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Arbon Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Arbon Legal Group on 07 5562 0444 or email admin@arbonlegal.com.au.

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