The Family Court of Australia and the Federal Circuit Court of Australia have power under the Family Law Act (1975) to make orders in relation to the financial maintenance of a former partner or spouse to assist them to support themselves after separation and divorce.
The Court considers the needs of the party applying for spousal maintenance and the ability of the other party to pay it. When making a determination the Court takes into account a number of factors including the health of both parties, their respective incomes, property and financial resources, their ability to work, care arrangements of children under the age of 18 years, their suitable standard of living and whether the marriage or relationship has affected their ability to earn an income. Such applications are often complex and require careful consideration. In the first instance, and where appropriate, we prefer to negotiate an agreement in relation to the payment of spousal maintenance. If the negotiations are unsuccessful we are well able to represent our clients in both pursuing and defending such applications.