Spousal maintenance in Australia refers to financial support that one spouse or de facto partner may be required to provide to the other following the breakdown of a marriage or de facto relationship. This support is meant to assist the lower-earning or economically disadvantaged partner in maintaining a reasonable standard of living after separation.
The Family Law Act 1975 governs spousal maintenance in Australia. When determining whether spousal maintenance is necessary, the court considers various factors, including:
Spousal maintenance can be agreed upon between the parties through negotiation or mediation, or it can be determined by the court if an agreement cannot be reached.
Spousal maintenance can take a number of forms, including the payment of a periodic sum or the transfer of property or chattels. These orders may be made at the same time that orders are made for property settlement, that is, orders for the adjustment of the parties’ property and assets between themselves. It is necessary in that event to specify what, if any, part of any payment of a lump sum, or transfer or settlement of property relates to spousal maintenance and the value that is attributable to the provision of maintenance.
It’s important to note that spousal maintenance is not an automatic entitlement, and each case is assessed on its merits. The amount and duration of spousal maintenance can vary based on the specific circumstances of the parties involved. Individuals seeking advice on spousal maintenance in Australia should consult with a family law professional for guidance tailored to their situation.
Spousal maintenance can be formally documented through Consent Orders issued by the Federal Circuit and Family Court of Australia, or it can be documented as part of a Binding Separation Agreement.
If you have reached an agreement on how your assets and liabilities are to be divided, and if spousal maintenance is part of the overall financial agreement, then most people formally document the agreement through a Separation Binding Financial Agreement (BFA). Also called binding separation agreement, a Separation BFA is essential if you need to split superannuation, transfer real estate and refinance mortgages.
Binding separation agreements are fully enforceable in the Courts and are quicker to complete and are less expensive than filing for Consent Orders.
AussieLegal offers a range of family law services, including the preparation of Consent Orders, which formally documents spousal maintenance in Australia. We also offer a DIY Binding Separation Agreement, which enables you to prepare your own separation document agreement. However, it does not include legal advice and guidance from a lawyer and certification necessary to meet the Court requirements for the agreement to be binding on the parties. To ensure your separation agreement is binding, you may want to consider our Binding Separation Agreement Plus service.
Call us on 1300 728 200 to discuss your situation with one of our consultants.
