Other family law questions

Q. When do I have to file for Divorce?

A. Separated couples do not have to get divorced. However, they must not remarry unless they do get divorced. One or both parties can apply for a divorce and in most cases it is not a complicated process although it is very important that the legal requirements are met eg: service, proof of service. If a Divorce is granted there is only 12 months from the date of the Divorce for parties to file an application for property settlement or spousal maintenance.

Q. Am I entitled to spousal maintenance?

A. Spousal maintenance is not to be confused with child maintenance or child support. Where a party has a need for financial support and the other party has the capacity to meet that support required, the Court may order spousal maintenance. Lump sum spousal maintenance orders are often made and included in property orders/settlements. As for periodic or ongoing payments, they are not automatically granted for an indefinite period, but usually end after circumstances change eg: a party has finished re-training or a course, or when the children have started school. An application for spousal maintenance must be made within 12 months of a Divorce being granted.