Liability limited by a scheme approved under Professional Standards Legislation. Incorporated as Richardson Legal Pty Ltd – ACN 659 788 646
In Western Australia, maintenance is available to couples whether they have been married or in a de facto relationship.
Married couples can apply for spousal maintenance under the Family Law Act 1975 (Cth) De facto couples can apply for de facto maintenance under the Family Court Act 1997 (WA).
If a party cannot meet their reasonable expenses from personal income or assets, there may be an obligation on the other party to pay maintenance.
For example, if a party cannot adequately support themselves because of:
the responsibility to care for a child who is under 18 years of age;
their age or state of health prevents them from gaining appropriate employment;
the duration of the relationship and the extent to which it affected that party’s earning capacity.
During negotiations and dispute resolution, parties can agree the amount of maintenance paid and for how long it is paid.
within one year of the date of a divorce order taking effect; or
within two years of the date the de facto relationship ended.
An application for spousal maintenance can be made at any time during your separation/divorce process, or within one year after the divorce has been finalised. Only in special circumstances can applications for spousal maintenance be made at a later date than this.
Perth divorce lawyers and specialists in de facto relationships, we are the experts you can trust in for spousal maintenance applications. It’s always recommended that you seek tailored legal advice from a Perth family lawyer before claiming or paying spousal maintenance.
We are here to help you with advice and understanding – when you need it most. Book your phone call with a Perth family law specialist today.
We are standing by ready to help align our expertise with your goals.
Liability limited by a scheme approved under Professional Standards Legislation. Incorporated as Richardson Legal Pty Ltd – ACN 659 788 646