From preparing detailed financial statements and affidavits to advocating on your behalf during hearings, I will provide comprehensive legal support every step of the way, striving to secure the financial stability you deserve.
As an experienced family lawyer in based in Dandenong and Melbourne, I can guide you through the spousal maintenance process with a compassionate and strategic approach, ensuring your rights and financial well-being are protected.
I will help you understand your entitlements and obligations, assess the strength of your claim, and gather the necessary evidence to support your application.
Whether negotiating an agreement amicably or representing you in court, I am committed to achieving a fair and sustainable outcome tailored to your needs.
Here’s how to apply:
- Understand Eligibility
- Negotiate an Agreement
- Prepare Your Application
- File the Application
- Serve the Documents
- Responding to the Application
- Attend Court Hearings
- Court Decision and Order
Understand Eligibility
To be eligible for spousal maintenance, you must demonstrate that you are unable to adequately support yourself due to reasons such as:
• Having care and responsibility for children from the relationship.
• Age or health issues affecting your earning capacity.
• Limited earning capacity or financial resources.
The court will also consider the financial situation of the spouse being asked to pay maintenance, including their income, expenses, and ability to pay.
Negotiate an Agreement
Before applying to the court, you are encouraged to try to negotiate a spousal maintenance agreement with your former spouse. This can be done informally or through mediation. If an agreement is reached, it can be formalized into a Binding Financial Agreement or a Consent Order, which is enforceable by law.
Prepare Your Application
If an agreement cannot be reached, you will need to file an application for spousal maintenance with the Family Court of Australia or the Federal Circuit and Family Court of Australia (FCFCOA). To do this, you will need to:
- Complete the Initiating Application form, specifying that you are seeking spousal maintenance.
- Prepare a detailed Financial Statement, which outlines your income, expenses, assets, and liabilities. You must provide evidence to support your financial claims, such as pay slips, bank statements, and documents related to expenses.
- Write an Affidavit detailing your relationship history, separation circumstances, and why you are seeking spousal maintenance.
File the Application
Submit your completed forms and supporting documents to the court. You can file your application online via the Commonwealth Courts Portal. A filing fee applies, but you may be eligible for a reduced fee if you can prove financial hardship.
Serve the Documents
You must serve the filed documents to your former spouse. This can be done personally by a third party or by post, following the court’s rules on service. The purpose of service is to notify your former spouse about the application and provide them with an opportunity to respond.
Responding to the Application
Your former spouse can either agree to the maintenance request, negotiate an alternative arrangement, or contest the application. If they choose to contest, they must file a Response to Initiating Application and a financial statement outlining their financial situation.
Attend Court Hearings
If an agreement cannot be reached outside of court, the matter will proceed to a court hearing. At the hearing, both parties will present evidence and arguments regarding their financial situations. The court will then make a decision based on the financial needs of the applicant and the capacity of the other spouse to pay.
Court Decision and Order
If the court grants spousal maintenance, it will specify the amount, frequency, and duration of payments. Spousal maintenance orders can be varied or discharged if there is a significant change in circumstances, such as changes in income or financial responsibilities.
Applying for spousal maintenance can be complex, so seeking legal advice from a family lawyer or contacting a community legal center for guidance is advisable.
