Financial Matters2022-07-11T06:37:05+00:00

Financial Matters

Talking about money is hard even when you are together, imagine trying to discuss it during a separation?! The good news is, KMJ Family Law are rather good at having those tough conversations, helping you reach and formalise a fair agreement.

The division of Assets, Liabilities, and Superannuation, Spousal maintenance, financial agreements, Child support agreements, Consent orders and Court proceedings; won’t be a gamble with the attention to detail and support of KMJ Family Law.

Financial Agreements

Often referred to as binding financial agreements, a financial agreement, if properly drafted, is legally binding and enforceable.

A financial agreement, like consent orders, is one way of formalising your agreement about the division of property and financial support (spousal maintenance), and this can be before, during or after a de-facto relationship or marriage.

Unlike consent orders, the court does not review the terms of the agreement at the time the financial agreement is made and for this reason, it is compulsory for both parties to have their own independent legal advice before the agreement is signed.

If a financial agreement is what you and your current or ex-partner choose, we can help you cement a fair and effective agreement.

Financial Maintenance

Within the parameters of the Family Law Act 1975 and the Family Court Act 1997, married and de-facto couples have a responsibility to look after each other financially.

This may continue after the relationship dissolves in the form of Spousal Maintenance, which is separate from Child support payments (they are for the support of the child only) and property settlement.

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Our Services

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Our Team is ready to act on your behalf.

We will provide you with the right guidance to successfully navigate your financial matters.

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Frequently Asked Questions

Is the right to obtain spousal maintenance automatic?2022-07-06T11:35:40+00:00

No, the party seeking financial support must be unable to cover their reasonable expenses from their own resources and the party being asked to pay spousal maintenance must have enough money coming in to pay their own reasonable living costs as well as cover the other party’s shortfall.

Do time limits apply?2022-07-06T11:36:14+00:00

Yes. Parties only have 12 months from the date of divorce to apply for spousal maintenance and de facto couples have 24 months from the date of separation. In special circumstances, you can apply to the Court for leave to make an application for spousal maintenance out of time.

How is it paid?2022-07-11T06:26:23+00:00

Spousal Maintenance can be paid in a lump sum, as a one-off expense, monthly/weekly, as an asset- each situation is different but our team at KMJ can help you navigate the best way forward.


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Our team

  • Katy Jenkins

    BA (Hons), LLB (Hons), GDLP
  • Lou Kyle

    BA, LLB.
  • Dr Delphine Rabet-Bray

    B.Com, M.Com, M.Int. Rel, PhD (Political Economy), J.D.
  • Tiana Mead

    LLB(Hons), BA
  • Penny Price

    Lawyer LLB (Hons)
  • Mae Milne

  • Greta White


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