De Facto Relationship And Spousal Maintenance Explained
A de facto relationship is can be defined as a relationship between two adults who live together and are not married to one another or related by family their family. This is not measured by length of time, though the family court take the duration of relationship into account along with several other factors such as nature of relationship, extent of a common residence, the degree of financial independence between the parties, ownership issues, use and acquisition of property and the care and support of children etc. to determine whether this type of relationship between couples exists or not.
As per the recent development in family law, now a party to de facto relationship has the right to apply in a family court of Australia regarding property settlement, payment of spousal maintenance or both payment of spousal support as well as payment of maintenance. Spousal maintenance or alimony will be decided as per the earning capacities of both parties keeping their respective circumstances and needs into account. Payment of the maintenance may be negotiated or agreed upon between parties. Finally, it may be formalized by way of consent orders. However, if there is …