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What is meant by "reasonable standard of living" under the Family Law Act 1975?

  • October 26, 2023

Home " Legal Blog " Family Law " What is meant by "reasonable standard of living" under the Family Law Act 1975?

What is meant by "reasonable standard of living" under the Family Law Act 1975?

The Family Law Act 1975 requires the courts to assess what constitutes a "reasonable standard of living" in the context of a couple's separation or divorce. Historically, even where couples have lived lavishly in the past and the respondent has significant financial resources, there have been differing judicial opinions as to how a person should minimise the loss of that standard of living. In some cases, the goal is to ensure that the petitioner continues to live a life similar to the one he or she led during the marriage. Conversely, some decisions have gone the other way, famously known as "open pocket" judgements. For example, the wife of a successful businessman accustomed to a life of luxury is now expected to live in comfort but not luxury. In other cases, the post-separation standard of living does not have to match the couple's pre-separation lifestyle, regardless of the defendant's wealth. It is important to understand that there is no set formula here; each case requires an individualised assessment based on its unique circumstances. The court's benchmark is always the "reasonableness" of the circumstances. There is no automatic right to the same lifestyle as prior to separation, nor is it just a matter of providing for the basic necessities of life. It is also important to recognise that where financial resources are constrained, the court needs to take into account the reality that funds that once supported one family now need to be spread between two. Finally, if a couple has been separated for a long time, the importance placed on a reasonable standard of living may be diminished. 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

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