Spousal Maintenance: Drafting Effective – Applications and Interim & Final Maintenance Orders
By Justine Clark
17 March 2021
Justine Clark, Principal and Accredited Family Law Specialist presented on the topic of “Drafting effective Applications and Interim & Final Maintenance Orders” at LegalWise this week.
The presentation to other family lawyers, as part of the requirement for solicitors to undertake continuing legal education, discussed the approach to drafting interim and final applications for spousal and de facto maintenance applications, and encompassed:
- Considerations in drafting Applications and Orders;
- Types of maintenance Orders and when those Orders should be sought;
- How to ensure a successful Application for maintenance on an interim and final basis;
- Alternatives to Orders and considerations during COVID-19; and
- Variations to maintenance Orders.
Maintenance Orders can provide you with ongoing financial support, pending the finalisation of a property settlement, if you have been at home caring for children or otherwise out of the workforce and formal employment due to family commitments. A properly prepared maintenance application can ensure that orders are made by the Court that provide for your former spouse or partner to continue to provide you with financial support if they have previously supported you and have the financial capacity to continue to do so.
Equally, final maintenance orders may assist you to retrain or reskill and re-enter the workforce after time out of formal employment caring for children or due to family commitments. Final maintenance orders may also be appropriate if you have significant and ongoing health issues and are not able to work, and have been financial supported by your former partner or spouse. Such final orders may be varied and increased or decreased by the Court if the initial amount is inadequate, or excessive or if there is a change in the financial circumstances of either party to the order.
If you have any questions about maintenance, or require advice in respect of your family law matter, please do not hesitate to contact the Family Law Team via email to Justine Clark or on 03 8600 9333.
When can I apply for a Divorce after I have separated? Does a Divorce impact on my property settlement?
By Julia Vitebsky
27 January 2021