Client’s often express a concern that they do not have access to funds and/or they know they will be cut off financially while going through the process of separating.
The common questions that we receive from clients are, how can I afford to leave the relationship? How can I leave the family home when I do not have enough money for bond, ongoing rent? Am I entitled to stay in the family home? Am I entitled to child support?
The law provides for the party earning/ or who has access to the money, for them to meet your reasonable needs, to the standard you were in when you were together while you are going through the separation process (this is interim spousal maintenance).
An interim maintenance order from a court is for 24-week or until you settle your property matters, whichever comes first. If your matters take longer than 24 weeks to settle you may be entitled to an extension of this payment. At the end of the process, at the final division of your property matters you may be entitled to a final maintenance payment.
It is important the primary earner at the end of the relationship, (which is often men) need to understand how or even if this will apply to them, and if it does, what their obligations will be and what they will most likely be required to pay in spousal support.
Therefore, if you have concerns either as the liable person or that you have/may be cut of from money we can discuss with you what your obligations are or the legal remedies available to you.