Spousal Maintenance Lawyers In Newstead
Leaving a marriage or long-term de facto relationship can be a financially uncertain time. Spousal maintenance can be important in supporting your future. Our spousal maintenance lawyers can help you understand your eligibility for a maintenance order or respond to an application made by your former spouse.
What is spousal maintenance?
Spousal maintenance is financial support paid by one partner to another when they’re unable to adequately support themselves. It’s designed to financially assist a former partner, rather than children. Child support is handled through a separate process.
The Federal Circuit and Family Court of Australia (FCFCOA) typically find spousal maintenance claims to be appropriate when:
- One party can't meet their reasonable living expenses on their own.
- The other party has the capacity to pay spousal maintenance after accounting for their own reasonable living expenses.
Application Deadlines
- Married: Within 12 months of divorce.
- De Facto: Within two years of separation.
Late applications are typically only accepted by the Court in limited situations.
How we help with spousal maintenance
Spousal maintenance issues are one of the most misunderstood family law matters. Whether you’re spouses or a de facto couple, our firm supports you through all aspects of the process.
Rights & Entitlements
Helping you understand your legal rights and applying for or responding to maintenance orders.
Negotiation
Strategizing whether you should receive a lump sum or periodic payments based on your specific needs.
Formalisation
Drafting consent orders or financial agreements and representing you in court if an agreement isn’t possible.
How the process works with us
STEP ONE
Initial Consultation
We want to hear what financial assistance you need, now and in the future. We’ll walk you through our basic process: initial assessment, negotiation or mediation, and finalisation.
STEP TWO
Assessment
Depending on your side of the process, we’ll assess your needs or capacity.
- Needs Factors — income, earning capacity, assets, standard of living, and caring responsibilities.
- Capacity Factors — income, liabilities, and your own reasonable cost of living.
STEP THREE
Negotiation
If both parties agree to make arrangements, we help establish obligations through transparent financial exchange.
- Lump Sum
- Periodic
- Expenses
- Training Support
STEP FOUR
Formalisation
Drafting order applications or financial agreements. We prioritise mediation to keep costs down, with court as a final resort.
- Binding Legal Resolution
Why people choose Andrews Family Lawyers
No Jargon
Our advice is clear and down-to-earth, so you always know where you stand.
Fixed-Fee Transparency
Fixed-fee services with completely transparent legal fees from day one.
Practical Focus
Actionable steps and personalised services for your unique circumstances.
Frequently asked questions
Either a married or de facto partner may apply where one party cannot meet their reasonable living expenses and the other has the capacity to pay.
Married applicants generally have 12 months from the date of divorce, and de facto partners have two years from separation. Late applications are only accepted in limited circumstances.
No. Spousal maintenance supports a former partner, while child support is handled through a separate process.
Not necessarily. We prioritise negotiation and mediation to reach agreement and keep costs down, with court as a final resort.
Speak with a spousal maintenance lawyer today
Book a free, confidential consultation to understand your eligibility and your options.