paulineDe 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 no agreement between them, a family lawyer Perth must be consulted regarding the application for maintenance in family court.
In order to determine the amount of spousal maintenance in a de facto relationship, the family court will give consideration to the standard of living and probable expenses to maintain it. An applicant would have to present sufficient proof to receive the financial support. The obligation to pay the maintenance may occur in basically two ways: periodic and regular payment or a lump sum payment at one time. The spousal support will not end till the time of commencement of new and subsequent relationship. It will end upon the death of receiving person. So, one need to understand different aspects of the maintenances which are due on the order of the family courts in Western Australia.
As per the Family Law Act 1975, the family courts have brought de facto couples under the current federal family law in issues related to property settlement and spousal support. This means that the couples can access to the court to seek justice and resolve their property disputes. The latest law for de fact relationship in Australia enables courts to order division of any property that couples own. This helps spouses to settle their legal matters without many hassles. If you want to know more about family legal matters, you may browse through internet and find out all the relevant information to settle your issues. At internet, you can find reputed family lawyers who will make the whole process easier.
