Lawyers Sydney NSW
Sydney Family Lawyers
Experienced in Negotiating Spousal Maintenance
Michael Conley Lawyers are experienced family lawyers in Sydney, supporting our clients with a range of family-focused legal services, including financial settlements like spousal maintenance. Our expert legal team understands how to apply for spousal maintenance in Australia and will guide your family towards the most beneficial resolution.
Michael Conley Lawyers have expertise in a range of family law matters including divorce, maintenance payments, child custody, and more. Secure the future of your family today, speak to a legal professional today.
Spousal Maintenance Lawyers
As one of the leading family law firms in Sydney, our objective is to secure the best possible outcome for your family when drafting a spousal maintenance order, with special attention paid to the best interests of any children. The goal of spousal maintenance payments is to provide a former spouse with the right financial support to manage their own reasonable living expenses. We work with you to:
- understand the financial circumstances of you and your former partner
- estimate future earning capacity,
- understand any physical or mental incapacity that might affect earning capacity
- what might classify as reasonable expenses
- draft a spousal maintenance application
As experienced legal professionals, we aim to facilitate a settlement that is the most beneficial for you and your family.
Our Approach To
Michael Conley Lawyers prioritise the needs of your family and use a collaborative approach in working with our clients, supported by a diverse team of family law experts.
Our team includes barristers, partners, senior associates, paralegals, administrative staff, forensic accountants, counsellors, trained mediators, and arbitrators. Together, our team takes a holistic approach to every case and strives to achieve a sensible and cost-efficient resolution that suits your needs. Our goal is to resolve issues before heading to court to minimise the financial and emotional cost of these often difficult situations.
We understand how important communication and prompt response is during stressful times, which is why our team prioritises communication to ensure you know what is involved at each step. You are able to start proceedings with confidence and always know what’s happening with your case. We always reply to your calls and emails, and we’ll never ask you to call back later.
Want to know more about how we can help you apply for spousal maintenance? Book a 15-minute FREE consultation to discuss and arrange a meeting with one of family lawyers.
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Book a 15-minute FREE consultation to discuss your needs and arrange a meeting with one of our family lawyers.
Spousal Maintenance FAQs
Under the Family Law Act 1975. maintenance is a form of financial support provided to an individual for reasonable living expenses. In regards to spousal maintenance, this is a payment made to a former spouse following a separation or the end of a de facto relationship.
Either spouse can apply for spousal maintenance if:
- You are separated but still married.
- You were married, now divorced, and it has been less than 12 months.
- You were in a de facto relationship and it has been less than two years since the date of separation.
Spousal maintenance arises when one of the parties cannot earn a sufficient income to meet their reasonable living expenses. This may arise due to one of the parties not working in paid employment throughout some or all of the marriage or relationship, resulting in them being unable to be self-sufficient immediately following separation or divorce. In these circumstances, spousal maintenance is designed to support the former spouse for a period of time.
A spousal maintenance order can last for any amount of time, it is entirely dependent on the specific circumstances of the individuals. For example, spousal maintenance can be paid ongoing while divorce proceedings are finalised or continue ongoing beyond this point if the spouse receiving maintenance payments has no capacity to earn their own income. On the other hand, spousal maintenance can also be paid in one lump sum at the end of a financial or property settlement.
Spousal maintenance payments vary between matters, the court may take into consideration various aspects such as each party’s income earning capacity, their reasonable living expenses in the circumstances and any shortfall between income and reasonable expenditure. The court will also consider any surplus income of the party requested to pay circumstances, then the court will determine a reasonable amount to be paid and the appropriate time frame.
The end cost of reaching a dispute resolution can differ significantly from case-to-case, as it depends on the amicability of the parties involved, the complexities of your family dynamics and various assets, which can be further complicated by international laws if any assets are located internationally. The overall cost of a family lawyer is dependent on the individual case and the needs of the family you’re working with. To discuss your legal needs with leading family law specialists, book a FREE 15 minute consultation.