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Understanding Maintenance Applications in Australian Family Law

  • October 17, 2023

Home " Legal Blog " Family Law " Understanding Maintenance Applications in Australian Family Law

Divorce Maintenance Application Requirements in Australia

Under the Family Law Act, the maintenance application process is usually conducted in the Family Court and the Federal Circuit Court of Australia.

As for the Relationship Act (RA), proceedings can be commenced in various courts such as the Magistrates' Court, the County Court or the Supreme Court depending on the specific jurisdiction of each court. An applicant can file an application for court maintenance in a variety of circumstances:

  • Under the provisions of the Family Law Act 1975 (Cth), it applies to persons who are currently or have previously been married.
  • Under the Relationships Act 2008 (Vic) (RA) for individuals who have never been married and who dissolved their de facto relationship between 1 December 2008 and 28 February 2009.
  • Under the FLA, it applies to unmarried persons who have dissolved their de facto marriages from 1 March 2009 onwards.

It is worth noting that it is not possible to apply for maintenance for individuals whose de facto marital relationship ended before 1 December 2008. However, if there are children in the marriage, the mother has the right to bring legal proceedings against the father under the Family Law Act. This ensures that child-related costs are adequately supported.

Maintenance issues under a family bill often intersect with property issues. This article only briefly touches on the underlying law, so readers should also refer to the resources mentioned for a full understanding.

If you need legal advice on maintenance or child support, pleaseliaiseChoi Ching Wai, Esq.Family lawyersAddress Level 2, 262 Queen Street, Melbourne 3000, Telephone 0396023988 Address Level 2, 262 Queen Street, Melbourne 3000, Phone: 0396023988

Forwarded article.

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