Spousal Maintenance and Re-Marriage

At separation, some couples choose to live in the same house. They may elect to do this to support their children until all parties are financially stable or for a host of other reasons.

In Australia, you must have been separated from your spouse for at least 12 months before you can file for divorce and under the Family Law Act 1975, a party can only re-marry if a divorce order for the marriage has taken effect.

Spousal maintenance and remarriage

Family Law states that when a person receiving spousal maintenance re-marries, a spousal maintenance order ceases to have an effect, except in special circumstances.

When re-marrying, the person receiving spousal maintenance should inform the person making the payments as soon as practicable.


Why contact a divorce lawyer in Perth

Divorce being family law proceedings can be very complex. We, therefore, recommend you seek legal advice from our very experienced Perth family law team at Bodekers Family Lawyers & Mediators (“Bodekers”).

We invite you to discuss your particular matter with our Legal Practitioner Director, Shannon Bodeker, who has most exclusively worked in family law for over 20 years after majoring in Family Law throughout law school and completing an Honours thesis in family law followed by instructing in a Family Law High Court of Australia case involving child relocation.

Before your first appointment, we invite you to email info@bodekers.com.au a pre-read outlining your situation in as much detail as you like. You may want to email us your court documents.

This information will be read on a complimentary basis prior to your first family law appointment. We know you and your family law matter before we meet. We often research relevant law to the facts of your case. This saves your time and costs from the outset.

Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are a long-established family law firm. Our highly experienced Perth family law team led by our Legal Practitioner can provide you with the very best legal advice regarding divorce/family law proceedings.

Email our highly experienced family law team at info@bodekers.com.au, for your complimentary pre-read and first appointment at a reduced rate.

If you would like us to act for you after your first appointment we will provide you with an Offer to Provide Legal Services setting out costs relevant to the work that needs to be done in your specific matter.

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