Claim Your Spousal Maintenance With Family Law Lawyers Sydney Easily - July 22, 2022
Spousal maintenance can usually be termed as a court-ordered payment from one party to another party. This is done to provide financial support in case of significance difference in incomes or future ability. However, the need of spousal maintenance usually arises when a marriage or a de facto relationship breaks up. Let's take an example where a married couple gets separated and they are negotiating after property settlement. Now, in this case, husband earns more than wife. Apart from that, the wife was always attentive to the family and home duties and worked for part time which lead her to low earning. So, this is why court ordered husband to pay the wife spousal maintenance as she has lower earning capacity. But it is not really easy to claim this maintenance and if you are not really well versed with ins and outs of legal terms then you might want to connect with family law lawyers Sydney for the same.
Who is eligible to claim for spousal maintenance? If court approves your request and you are successful in claiming spousal maintenance then you are going to receive financial support from your ex partner. This decision of court is to help you maintain a reasonable and standard life after the divorce or separation. One thing you need to note that these payments are not going to continue for always. You would have to seek employment and get your life on track, or pursue further education or anything like that. If you hire an Indian family lawyer they will be assisting you with all the legal terms. However, they will also tell you the meaning of section 75 of the family law act (1975). This section says that if you have a reasonable and unique situation then your success will depend on your situation. If you are successful in your claim then court is going to make orders : 1- Your partner will be ordered to make regular periodic payments. 2- Some items such as marriage home would be sold and the proceeds will be provided to you. And, when you would have a Family law lawyers Sydney to represent you in court. You would have your case strong. Also lawyer would be proceeding in right direction as they know what to do in quick situation. Requirements for the claim to be approved One of the biggest factor that makes the applicant win the situation if they are unable to support themselves. However, here are the eligibility criteria for successful approval for the claim: 1- The applicant is looking after a child or children which makes them occupied and their earning is reduced. 2- The applicant is too old to support themselves.
3- The applicant has got mental or physical condition that prevents them from being able to properly support themselves. Also, the other party must be in a condition to provide you payments. So, these are some of the eligibility criteria that you must think of before applying for this claim. Once you meet the Indian family lawyer and explain your situation to them, they would be suggesting you the right things. When can you apply for spousal maintenance? The applicant can apply for the spousal maintenance by the day of their separation from their partner or spouse. Apart from that married couples don't need to wait for the divorce to claim this maintenance. However, the situation and condition of couples is going to decide on how long the other partner is going to get payment. In simple terms, these spousal maintenance payment depends on the condition of applicant.