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Dispute Resolution
Under the Family Law Act, a spouse or de facto spouse has the right to apply for support from their former spouse if they are unable to adequately support themselves.
If the applicant spouse can establish a need, then the Court looks to the other party to ascertain if they have the capacity to provide support.
In making a decision the Court would take into consideration the age and state of health of each of the parties, their income, property, resources and capacity to work. The Court will look at whether the relationship has affected a persons ability to earn an income.
The Court will also take account of a suitable standard of living in all the circumstances and whether a party has the care of children under 18 or children over 18 who are either students or have a disability
Some parties are able to reach agreements and if necessary can record their agreement in a binding way – either by way of a properly drafted Financial agreement or a Consent Order.
If no agreement can be reached, then an application might need to be made to the Court for an Order on a contested basis. There are deadlines for filing such an application.
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