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Spousal Maintenance for an estranged Defacto Partner!

Ed Clark

Recent changes in the Family Law Act enable a defacto partner to successfully claim maintenance from their partner. In Vine & Carey The Court found the parties had lived in a defacto relationship for more than two years and as the relationship had broken down after the new legislation took effect from 1 March 2009 the female partner could claim maintenance from her now estranged former male partner.

The male earnt a salary of $789 per week & had investment income of $641 per week. he alleged his expenses were $2220 per week. His assets were $2,350,000. The Court Ordered he pay $500 per week maintenance to his former partner. The claim for property settlement is continuing.

This is one of the first cases under the Family Law Amendments (Defacto Matters & Other Measures) Act where a Court has ordered maintenance.

You can avoid this outcome by entering into a Binding Financial Agreement with your partner, but you will need a lawyer!