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 Spousal Maintenance Lawyers Adelaide

In addition to finalising the division of property it may also be necessary to consider spousal maintenance. Payment of spousal maintenance can apply to either a marriage or an eligible de facto relationship.

If you and your former partner can agree on the amount of maintenance, and how it is to be paid, you can make a Binding Financial Agreement. It is important to seek legal advice before entering into such an agreement to ensure both your current and future needs are catered for.

In the event that an agreement between the two parties can’t be reached, an application to the Court can be made to make an order that will be legally enforceable. An application to the Court must be made within twelve months of the date of your divorce, or in the case of de facto partnerships, within two years from the date of separation.

Payment of spousal maintenance is not automatic. The Court will take into consideration such factors as:

  • The age and health of both parties;
  • The financial resources of both parties;
  • Each party’s ability to work;
  • The needs of any children;
  • What constitutes a suitable standard of living; and
  • Whether either party is living with another person.

Maintenance applications can be complex and require specific knowledge of the requirements that need to be satisfied. An experienced Scammell & Co. family lawyer will guide you through this process to ensure you receive your entitlements.

Scammell & Co. have 6 offices located throughout South Australia including Adelaide CBD, Port Adelaide, Walkerville, Gawler, Renmark and Tanunda. Call or email us today to speak with a lawyer about your circumstances, or to book an appointment at an office convenient to you.

Free legal advice.

If you have some questions, want some advice or want to get the process underway, contact Scammell & Co. to arrange a meeting. In many cases (not all) the first 30 minutes of your first meeting is free. This can give time to outline your matter and for us to give you preliminary advice.
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