The Divorce Course Podcast31 Jul 2023

Financial Fairness During Divorce: A How to Guide for Spousal Maintenance & Child Support

Are you getting divorced or separating but are facing the stark reality that you will have no money to live on?

Does your ex hold all the assets and cash? Are you worried about whether you can leave them at all for financial reasons alone? Or are you relying on them to pay for everything til property settlement is sorted and you are worried that this could stop at any moment because you've found yourself in a financially controlling situation? Don't worry we've got you.

In this episode listen to a family lawyer explore and explain what spousal maintenance is and how it can help someone who is transitioning from a married or defacto couple to a new single life.

Learn about the process you might have to take to get yourself financially stable during the divorce process and after.

Find some comfort in the fact that many people follow this process and it isn't as hard as it sounds. Look at the links below to find the forms discussed in this episode and also make sure you listen to the other two episodes mentioned about what to do if you can't afford a lawyer and a deeper dive into how to know if you are eligible for spousal maintenance.

Please note this is general education only, this is not legal advice. Please always seek independent legal advice as everyone's situation is different.

You Don't Want to Miss Out On

What is spousal maintenance?
Can de facto separated couples apply for spousal maintenance?
When can you get spousal maintenance?
Can you get spousal maintenance if you're separated under one roof?
Is spousal maintenance a forever thing or just temporary?
Can you have an agreement outside of the court for spousal maintenance?
What does the court consider when making an agreement for spousal maintenance?
How long does the spousal maintenance process usually take?
How do you apply for spousal maintenance?
Can you apply for spousal maintenance while still married?
What happens if you get remarried or enter a new de facto relationship while receiving spousal maintenance?
What are the potential consequences of not seeking legal advice?
Could you provide a detailed explanation of the financial statement and initiating application?
In cases where spousal maintenance is not urgent, is it still advisable to pursue mediation and negotiation?
Where can one find a free mediator to assist with the spousal maintenance process?
Can you outline a plan of action for addressing the financial statement and initiating application?
Is there a possibility that receiving Centrelink or child support payments may affect the amount of spousal maintenance granted?
How does one navigate the intimidating prospect of taking the matter to court if necessary?
What is the preferred method for filing court documents, and is it possible to do so in person?
In your experience, how often do spousal maintenance cases proceed to trial?
Considering the financial struggles faced by both parties, how does one balance the need for support and a fair property settlement?
How can individuals overcome their reluctance to address financial matters and secure a more favorable divorce outcome?
For those unable to afford legal representation, where can they seek assistance for completing required documentation?
What crucial steps should individuals take to manage their finances effectively during divorce proceedings, especially when facing financial hardships?

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Forms mentioned in this episode

Financial Statement Kit (do it yourself kit) | Federal Circuit and Family Court of Australia

Initiating Application Form DIY Kit FORM 1A

Genuine Steps Certificate

Where to file your documents

Preparing an affidavit Info Sheet

Service Information

Episodes Mentioned in this episode- Link to listen below

Spousal Maintenance Are you Eligible?

Can't Afford A Lawyer Episode

Financial Fairness During Divorce: A How to Guide for Spousal Maintenance & Child Support

If you need emergency help you can also contact:

WOMEN'S SHELTER SERVICE
LEGAL AID
Lifeline 13 11 14
Mensline Australia 1300 789 978
Kids Help Line 1800 551 800
Aboriginal Family Domestic Violence Hotline 1800 019 123
Relationships Australia
Police on 000
DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill
DV Connect Mensline on 1800 600 636
National DV line on 1800 737 732.1800RESPECT 1800 737 732

Make sure you hit SUBSCRIBE so you don't miss out on the next practical steps and guide to your divorce or de facto separation coming soon. And, if you've found this episode helpful, please leave a rating and a review so it can help others. Thank you.

Please note this is general education only this is not legal advice. Please always seek independent legal advice as everyone's situation is different.

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