Family Law – Spousal Maintenance
I was in a defacto relationship. Do I have any rights to spousal maintenance?
A de facto relationship is defined as a relationship between two adults who live together as a couple, and who are not married to one another or related by family.
There are numerous factors involved in proving that you do form or formed part of a defacto relationship. Some factors include the length of your relationship and the financial independence or dependence of the parties etc.
There is no automatic right for one party in a relationship to maintain the other, and neither party is entitled to claim maintenance from the other, except as provided under the law. The Court needs to be satisfied as to either or both of the following:
1. that the party is unable to support himself or herself adequately by reason of having the care and control of a child of the relationship, however there are also a few exceptions.
2. that the party is unable to support himself or herself adequately because the party’s earning capacity has been adversely affected by the circumstances of the relationship and, in the opinion of the court an order for maintenance would increase the party’s earning capacity by enabling them to undertake a course or programme of training or education.
Can my maintenance continue if I enter into another relationship?
No. If a party receiving maintenance marries, the maintenance order automatically ends.If the party receiving maintenance enters into another de facto relationship, the party paying the maintenance can apply to have the order set aside.
LAC Lawyers Pty Ltd is available to provide you with advice based on your individual needs and particular circumstances.
Whether your new spousal relationship is a married, de facto or same sex relationship; at the beginning, consideration of the law is the last thing on your mind. LAC Lawyers understands that at such a happy time, you may have difficulty envisaging why you would need to see a lawyer. It is because we want to help you to have a successful relationship with a strong grounding that we encourage you to talk with us at LAC Lawyers.
The following are just some of the types of work that lawyers do which will help you to prevent difficulties throughout your relationship and assist you to amicably resolve any disputes within the relationship or with third parties quickly:
>> Binding Financial Agreements for before you live together, while you live together and after you live together – whether that is as a married, de facto or same sex couple;
>> Property Law advice for when you are considering buying land or other significant assets, or entering mortgages or other types of significant liabilities;
>> Wills and other testamentary instruments to ensure your final instructions to the world at large reflect your change in circumstances;
>> Enduring, Specific and Medical Powers of Attorney to ensure your wishes are carried out if you are not legally, mentally or physically able to make decisions about your business, financial, personal or medical affairs.
We at LAC Lawyers will guide you through the necessary steps and provide you with the proper documentation to ensure your happy change in circumstances will be given effect in law. We look forward to meeting with you and assisting you to cement your intentions.
If you are interested to know something more about Spousal Maintenance and Family Lawyers then please visit our website www.laclawyers.com.au
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