Genuine Legal WA

𝗦𝗽𝗼𝘂𝘀𝗮𝗹 𝗠𝗮𝗶𝗻𝘁𝗲𝗻𝗮𝗻𝗰𝗲 𝗘𝘅𝗽𝗹𝗮𝗶𝗻𝗲𝗱

In layman's terms, spousal maintenance is the financial support provided by one spouse to another. Payments are usually made on an interim basis until the finances can be finalised, but they may extend beyond that.

For the Court to determine whether one party should pay maintenance to the other, it must establish:

- The reasonable living expenses of the party seeking maintenance ("the payee") exceed the income earning capacity of the payee. It is often called the payee's "need";

- Income earning capacity of the other party ("the payer") exceeds reasonable living expenses. This is often called the payer's "capacity to pay".

Upon finding that the payer has the capacity to pay, the Court may order the payer to provide spousal maintenance to the payee. It is usually the lesser of the payee's needs and the payer's capacity to pay that determines the amount of spousal maintenance.

Many factors will be considered by the Court when determining the above, including any living arrangements, of either party, with another person other than their ex-partner, and the financial circumstances of that cohabitation.

They will also take into account whether either party has control or care of the child of the marriage, as well as each party’s income-earning capacity and the size of the asset pool.

Genuine Legal WA can support you during this process, providing expert guidance and advice as well as facilitating communication. For more information, reach out to one of our team for a free consultation about your case - https://bit.ly/GLWAFreeConsult

"𝙒𝙝𝙚𝙣 𝙬𝙚 𝙨𝙚𝙥𝙖𝙧𝙖𝙩𝙚, 𝙬𝙝𝙖𝙩 𝙝𝙖𝙥𝙥𝙚𝙣𝙨 𝙩𝙤 𝙤𝙪𝙧 𝙥𝙚𝙩𝙨?"

While we love our pets and we consider them members of our family, Family Law recognises them as property and does not apply the same rules as they do for children. In fact, any custody arrangements are included in the property settlement, and if the matter goes to Court, it is very rare the Court will rule for a shared custody arrangement, and will instead decide which party the pet will live with.

In most cases, arrangements can be made outside of Court. They are made as part of the overall property settlement and may take the form of a timetable or schedule based on what both parties agree to. Unless the pet's safety is in question, these arrangements are the best option to resolve the matter.

Keep in mind that, as with children during separation, pets should not be put under undue stress.

"𝘿𝙤 𝙬𝙚 𝙣𝙚𝙚𝙙 𝙩𝙤 𝙝𝙖𝙫𝙚 𝘾𝙤𝙪𝙧𝙩 𝙊𝙧𝙙𝙚𝙧𝙨 𝙩𝙤 𝙙𝙞𝙫𝙞𝙙𝙚 𝙥𝙧𝙤𝙥𝙚𝙧𝙩𝙮 𝙤𝙧 𝙖𝙨𝙨𝙚𝙩𝙨?"

Short answer? No. However, we always recommend clients have these done, even if the split is agreed upon by both parties and the divorce or separation is amicable.

There are a few reasons for this:

1. Without Court Orders, neither party has any legal obligation to honour any agreement made. A simple change in circumstance could mean one or both change their minds, and this can lead to other complications, especially if a lot of time has passed.

2. Having Court Orders also means that all assets and property that fall into the asset pool are recorded at the time of lodgement. This means, once orders are lodged, either party can accumulate other assets without them becoming a part of the asset pool. This is also why we recommend resolving property matters as soon as possible.

3. Properties transferred from a joint name into one name attract substantially less stamp duty, so having these orders could save a lot of money too.

There is also the option of entering into a binding Financial Agreement. This is a private written agreement between the parties and is not filed in Court. Before signing, each party should obtain independent legal advice. The benefits of Financial Agreements are similar to those of court orders, but they are typically more expensive.

If you're not sure which is the best option for your circumstances, please reach out to our team for a free consultation and general advice. You can book here - https://bit.ly/GLWAFreeConsult

You may think that Wills are something only "old people" think about, but if you've ever lost a loved one unexpectedly, you know this isn't true.

A simple Will can save your family hours, days, weeks, and months of stress as they navigate the long and laborious process of probate and all the associated paperwork and costs.

For $250.00, Genuine Legal WA can prepare a simple Will for you. We will have a brief chat beforehand to ensure your situation isn't too complicated for a simple Will, but for most people, this is more than enough.

Also, we are able to assist with EPOAs (Enduring Power of Attorneys) and EPOGs (Enduring Power of Guardianships).

Feel free to reach out to one of our team members today to see whether Genuine Legal WA is a good fit for your needs. - bit.ly/GLWABooking