Australian law provides that a person to a marriage or de-facto relationship has a responsibility to financially assist the other, if that person cannot meet their own reasonable expenses from their own personal income or assets and the other person has the capacity to provide the necessary and reasonable support.
There are a number of factors which the Court will consider in any maintenance application. These are:
There are time limits which apply if you wish to make an application seeking maintenance. If you were married, an application for maintenance must be made within 12 months from your divorce. If you were in a de-facto relationship, an application for maintenance must be made within 2 years of the de-facto relationship ending.
Family law is a discretionary area of law which means in any application there are a range of outcomes depending on the particular circumstances of your case.
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Phone: (08) 6381 9080
We are open Monday to Friday 8.30am – 5.00pm
Level 26, AMP Tower
140 St Georges Terrace
PERTH WA 6000
Our Directors, Denby Kerr and Amy Fels, are Accredited Family Law Specialists, formally recognised by the Law Society of Western Australia as having a high level of competency in the field of family law.