Marriage is a bonding of two hearts and is usually a vow to live happily for the rest of the life. But in many cases, due to factors, known and unknown, many couples end up in a lot of indifferences which lead to their final separation.
Before parting ways, the couple must be given ample opportunities to patch up as it is always easy to break a relation. The couple must also personally consider the various alternatives available for them to rethink about their decision of separation. Children often fall a prey to such broken families as they have to witness such separation of parents at a young age. This leaves a very bad mark in their minds about the institution of marriage.
If the couple has finally decided for a divorce, then the spouse must understand the rules related to the alimony that is prevailing in Australia. The term alimony is not popularly used in the country rather spouse maintenance is the word for the maintenance money given by one spouse to the other on divorce agreement. However, in order to even apply for alimony in the court of law, the marriage should have been registered and wedding ceremony must have been conducted under the guidance of marriage celebrant.
Also, it is essential to prove that all the rules concerning the marriage act has been fulfilled. Only then the application for spouse maintenance can be accepted. Also, such an application must be submitted within 12 months of separation. The application may ask for the marriage certificate which would have been signed by the couple when they performed their marriage vows under male marriage celebrant. Click here for more info on male marriage celebrant in Brisbane.
Whether the spouse support is required or not is determined by the earning capacity of both the spouses. If the income levels of the spouses do not show much of a difference, then spouse maintenance application will stand rejected. The following points are considered by the court in deciding the spouse maintenance:
• Financial status including debts
• Age of both the parties
• Health conditions of the spouses as well as the children, if any
• Income earning capacity of the payee
• Reasonable standard of living required
• Decision regarding the status of children
• Maintenance expenses for children including their education
• Special concerns over disabled children
Spouse maintenance is not a life time payment but only for a period of maximum two years. It is more to rehabilitate the spouse for a temporary period only. Within this time the payee must try to become independent and find a livelihood.
Spouse maintenance is either paid in one single payment or monthly basis depending upon the order of court.