De Facto Wife Successful in Obtaining Orders for Interim Maintenance Payments

de facto wife

Our client, the de facto wife, had been in a relationship with her partner for approximately six years. Unfortunately, the relationship was not a happy one and there had been a number of incidents of alleged family violence. At separation, our client was in part-time employment and could not afford to move out into rental accommodation;  she had to remain living with her former partner.

We commenced proceedings in the Federal Circuit Court and sought orders for interim maintenance to enable our client to rent alternative accommodation.

The de facto husband opposed the application, arguing our client should be able to obtain full-time employment and did not have the “usual excuses” of being unable to work full-time due to caring responsibilities of children or a mental/physical incapacity.

Despite the husband’s opposition, we were successful in arguing that while our client wanted to work full-time, it was simply the case that full-time jobs in her field were not readily available. Our case also focussed on the family violence and how refusing to make an order for interim maintenance would require our client to continue to live with her former partner, the person who had been physically violent to her during the relationship as she alleged.

After an interim hearing, our client was successful and awarded interim maintenance to enable her to move into her own accommodation, pending final resolution of her matter.

Taylor & Scott’s Family Law Team’s offer to you

If you are struggling to meet your expenses from your income and your former spouse or partner can afford to help support you, please phone us on 1800 600 664 or complete the contact form on this page.

Our family law team will be happy to meet with you and provide comprehensive and expert legal advice.

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