Time Limits in Family Law
Legal processes can be time consuming and overwhelming to deal with. This is especially the case when it comes to family law matters, as this is a very personal aspect of any person’s life and can have significant effects on their quality of life and wellbeing. Relationship breakdowns can be a tumultuous period in one’s life, and as individuals go their separate ways, there are laws and requirements that must be met to make the process as smooth and above board as it needs to be.
Australian family law has outlined very specific time limits for all affected parties to be guided by, and reputable Perth family lawyers should be well-equipped to work alongside these time limits to ensure that their clients receive proper compensation
Time Limits On Division Of Property
In regards to division of property, note that there is no guarantee of a 50:50 split of property between parties. To apply for property and financial orders, it is important to note that the concluded relationship needs to meet the legal criteria and be sent in within the time limits as set by the Court.
For married couples, this time limit within one year of divorce or annulment. For de facto couples, this limit is within two years from the end of the relationship, however you will need to provide evidence of the relationship when you apply. Consulting with a good Perth family lawyer will make this process easier and less confusing.
Time Limits on Spousal Maintenance
When it comes to spousal maintenance, it is important to first know what it is and whether you will be eligible to apply for it.
Spousal maintenance is defined by the Family court as financial support paid by a party to their former husband or wife, as according to their circumstances wherein they are not able to support themselves after the marriage. The Court operates under the understanding that both parties have an equal duty to support the other after separation or divorce, depending on the circumstances.
There may be an obligation to pay maintenance if the other party in need of it is responsible for the care of a child under 18 years of age, if there are health or age constraints that prevent the gaining of appropriate and long-term employment, as well as how long the relationship lasted and if it had a significant effect on earning capacity, property acquisitions, and financial resources.
With spousal maintenance, you must apply for a court order within one year from the date of divorce or annulment. If you were in a de facto relationship, the time limit is two years from the date it ended. And as with applying for division of property, you may be required to submit proof of the relationship with your application. If you are not able to apply on time, you may need the Court’s permission to apply, and there is no guarantee this will be approved as it is no longer within the time stipulated by the Courts.