This article will outline additional provisions about property, spousal maintenance, and maintenance agreements. Divorced couples do not simply separate after ending their marriage. They have a few legal obligations to handle such as:
1. Property settlement: Property settlement divides a divorced couple’s asset.
2. Spousal Maintenance: This is given to a partner who needs financial support if they can prove their incapacity to provide for themselves.
3. Child maintenance/child support obligations: These are types of financial support given to children. Child maintenance is for children over 18, while child support is for children below 18.
Read on to learn information about additional provisions about property, spousal maintenance, and maintenance agreements.
|Definition of terms in this article:|
“stay” – A stay is a measure a court takes to halt a lawsuit or a party’s conduct. A court will typically issue a stay of proceedings to prevent litigation from progressing. These are typically only short-term orders.
“Proceeds of crime authority” – Proceeds of crime authority refer to the relevant authority responsible for a restraining order, forfeiture order, or forfeiture application under the Proceeds of Crime Act 2002 or a State or Territory proceeds of crime law.
Eligibility Criteria for Maintenance
Let’s first discuss the eligibility criteria for maintenance in this article about additional provisions about property, spousal maintenance, and maintenance agreements. The Federal Circuit and Family Court of Australia will consider a number of factors when making a decision about maintenance, including:
- The age and health of both parties
- The income, property, and financial resources of both parties
- The ability of both parties to work
- What is a suitable standard of living
- Whether the marriage or de facto relationship has affected either party’s ability to earn an income
- The needs of any children in the relationship
Section 79D: Lifting a Stay
Section 79D of additional provisions about property, spousal maintenance, and maintenance agreements outlines lifting a stay. A stay is a measure a court takes to halt a lawsuit or a party’s conduct. A court will typically issue a stay of proceedings to prevent litigation from progressing. These are typically only short-term orders.
The court will lift a stay on property settlement or spousal maintenance proceedings if:
- Either party requests the stay be lifted and the proceeds of crime authority consents.
- The proceeds of crime authority requests the stay be lifted.
The court may also lift the stay on its own motion if the proceeds of crime authority consents. Notice of consent from the proceeds of crime authority must be given to the Registry Manager in writing, unless the court requires the authority to appear in the proceedings. Moreover, the notice may be given by the authority or by a party to the proceedings.
Section 79E: Intervention by Proceeds of Crime Authority
Section 79E of additional provisions about property, spousal maintenance, and maintenance agreements discuss intervention by proceeds of crime authority. The proceeds of crime authority has the right to intervene in any property settlement or spousal maintenance proceedings.
- The authority may intervene in proceedings where the court has been notified under Section 79B.
- The authority may intervene in proceedings under Sections 79C or 79D where they are not already a party.
Once the proceeds of crime authority intervenes, they become a party to the proceedings with the same rights, duties, and liabilities as any other party.
Section 79F: Notifying Third Parties About Application
Section 79F of additional provisions about property, spousal maintenance, and maintenance agreements outlines notifying third parties about the application. Additionally, this section outlines the circumstances under which a person involved in a property settlement or spousal maintenance proceedings must notify third parties.
The applicable Rules of Court will specify the circumstances in which a person who applies for an order under Part VIII of the Family Law Act 1975 or is a party to such proceedings must notify a person who is not a party to the proceedings.
This notification requirement may apply to individuals mentioned in subsection 79(10) of the Act, whose interests could be affected by the proceedings.
Note: The applicable Rules of Court may, for instance, require notice to be given to individuals whose financial interests could be impacted by the order.
Additional Provisions About Property, Spousal Maintenance, and Maintenance Agreements: FAQs
1. What is the difference between property division and spousal maintenance?
Property division involves the division of assets and liabilities acquired during the relationship, while spousal maintenance is ongoing financial support provided to the financially disadvantaged spouse.
2. What factors do courts consider when determining spousal maintenance?
The court considers various factors, including the length of the relationship, the age and health of both parties, their respective earning capacities, and the needs of any children.
3. Are maintenance agreements legally binding?
Yes, maintenance agreements are legally binding contracts if they meet certain legal requirements, including independent legal advice and full disclosure.
4. What happens if I cannot reach an agreement with my former spouse?
If you cannot reach an agreement, you may need to apply to the court for orders regarding property division, spousal maintenance, and child support.
5. What about maintenance for de facto partners?
De facto maintenance is financial support that one party in a de facto relationship pays to the other party after the breakdown of the relationship. Furthermore, the court will order de facto maintenance if the financially disadvantaged party cannot adequately support themselves from their income or assets.
The Importance of Seeking Legal Advice on Additional Provisions about Property, Spousal Maintenance and Maintenance Agreements
We hope this article has helped you understand additional provisions about property, spousal maintenance, and maintenance agreements. If you want to see more provisions about family law matters, you can head over to this link. We have highlighted sections of the Family Law Act 1975 so our readers can understand them better. Moreover, our family lawyers at JB Solicitors can help with:
- Divorce procedures and how to file for one;
- Identifying if you need spousal maintenance;
- Draft binding financial agreements; and
- Help calculate child support or child maintenance payments
Contact us today if you need help with additional provisions about property, spousal maintenance, and maintenance agreements.