Spousal Maintenace
If a spouse has lost his/her earning capacity as a result of the relationship, they may be eligible for spousal maintenance. Spousal maintenance can also be claimed where the applicant is the primary carer of a child who is under the age of 12 years old and is the child of the former spouse.
Spousal maintenance can be made on an interim and urgent basis until the court matter is finalised.
De Facto Relationships
Defacto relationships are defined as relationships between two people (irrespective of gender) who have lived together on a genuine domestic basis. In determining whether the relationship is a Defacto relationship, the court will look at a variety of factors, including, but not limited to:
- Duration of the relationship
- The nature and extent of residency
- Evidence of a sexual relationship
- Financial dependency of the parties
- Ownership of property
If a couple have lived together for 2 years, they are usually entitled to make a claim under the Family Law Act, however if there is a child in the relationship, or there are other exceptional circumstances this requirement may be waived.
