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Legal Services

Spousal Maintenance
in Albany

Experienced Family Law Firm Based in Albany.

Our advice is designed to bring your matter to the best possible outcome in the shortest amount of time. 

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Dimond Family Lawyers

The leaders in Family Law matters in Albany.

Helping you achieve a successful plan.; settlement.; mediation.;outcome.

Spousal maintenance and property settlement are interconnected aspects of family law. When dividing assets and liabilities, it’s often necessary to consider spousal maintenance, either as a lump sum or ongoing payments.

To protect your interests and potentially avoid future spousal maintenance claims, incorporating these matters into your property settlement agreement or binding financial agreement can be beneficial.

Tenielle at Dimond Family Lawyers in Albany can provide expert guidance through this complex process. With a deep understanding of spousal maintenance laws, she can offer clear advice and compassionate support.

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    Property Settlement

    Our Legal Practice Director, Erryn Dimond discusses matters surrounding separation and property settlement.

    Understanding Spousal Maintenance

    To be eligible to apply for spousal maintenance in Perth, you must meet certain criteria:

    You must be separated or divorced from your spouse or de facto partner.

    You must be unable to support yourself adequately due to factors such as age, illness, disability, caring for a child, or having a lower income earning capacity than your former spouse or de facto partner. 

    Make sure to maintain a log of all your expenses over the course of a month, and don’t forget to factor in bills that are paid annually. When determining what expenses to include, be practical and considerate of both your own needs and the other party’s financial capabilities.

    Your former spouse or de facto partner must have the financial capacity to pay spousal maintenance. This includes taking into account their income, assets, and financial resources.

    Your application for spousal maintenance must be made within 12 months of your divorce becoming final. If you were in a de facto relationship, you must apply within two years of the date of separation.

    It’s worth noting that the eligibility requirements for spousal maintenance can vary depending on the individual circumstances of your case. Therefore, we advise you to speak with our team to determine your eligibility and the best course of action for your specific situation.

    If you would like more advice on what you need to achieve a pain-free and amicable separation please call us for a free 15-minute consultation or send an enquiry using our online form. 

    How We Can Help.

    If you’re going through a separation or divorce and considering spousal maintenance, Dimond Family Lawyers can assist in several ways:

    • Eligibility Assessment: We can evaluate your eligibility for spousal maintenance based on factors such as income, assets, and care of children.
    • Negotiated Agreements: If you and your spouse can reach an agreement, our team can help draft a legally binding spousal maintenance arrangement.
    • Court Representation: Should negotiation fail, our experienced lawyers can represent you in court to secure a spousal maintenance order.
    • Order Variation or Termination: If your circumstances change, we can assist in modifying or ending an existing spousal maintenance order.

    Why Choose Dimond Family Lawyers?

    Tenielle at Dimond Family Lawyers in Albany offers expert legal guidance on spousal maintenance matters. With a deep understanding of family law, she can navigate the complexities of spousal maintenance agreements and court proceedings.

    Tenielle provides personalised attention to each client, recognising that every situation is unique. She takes the time to listen to your concerns and develop a tailored legal strategy to protect your interests. Whether negotiating a fair agreement or representing you in court, Tenielle is committed to achieving the best possible outcome.

    Transparent fee structures ensure you understand the costs involved. Tenielle’s focus is on providing exceptional support and guidance throughout the legal process.

    Contact Tenielle today for a confidential consultation.

    Meet Our Team

    Frequently Asked Questions.

    Spousal maintenance is a payment made by one spouse or de facto partner to the other after separation or divorce to provide financial support. It is designed to ensure that both parties can maintain a reasonable standard of living, particularly if one of the parties has a lower income or is unable to support themselves.

    In Albany and throughout WA, either spouse or de facto partner may be entitled to spousal maintenance if they can demonstrate that they have a need for financial support and the other party has the capacity to pay.

    The amount of spousal maintenance payable in Albany, WA is determined by taking into account the income, earning capacity, assets, and expenses of both parties. The court will also consider the standard of living of the parties during the marriage or de facto relationship.

    The duration of spousal maintenance in Albany, WA will depend on the individual circumstances of each case. It may be a temporary measure until the recipient can become financially self-sufficient or it may be ongoing, particularly if the recipient has a disability or is unable to work due to caring responsibilities.

    To apply for spousal maintenance in Albany, WA, you can make an application to the Family Court. It is recommended that you seek legal advice before making an application.

    Yes, spousal maintenance can be varied or terminated in Albany, WA if there has been a significant change in the circumstances of either party, such as a change in income or employment.

    Yes, you may be entitled to spousal maintenance if you are in a de facto relationship in Albany or throughout WA and you have separated from your partner.

    Not necessarily. In some cases, the parties may be able to reach an agreement about spousal maintenance without going to court. However, if an agreement cannot be reached, it may be necessary to apply to the court for a determination.

    Yes, spousal maintenance can be paid as a lump sum in Albany, WA if both parties agree. This is known as a ‘capitalised amount’.

    No, they are not. Centrelink payments are not considered as income when assessing a spousal maintenance application.

    The person who receives spousal maintenance is not assessed as ordinary income under the income test income support purposes. It is, however, taking into account under the maintenance income test for family payment purposes.

    We advise all clients to secure expert financial/taxation advice regarding the taxation implications that apply to all family matters, including but not limited to the outcome of property settlement, and payment of spousal maintenance.

    Tenielle Fernando - LLB, BA, GDLP

    Associate

    Tenielle completed a double degree in Law and Arts (History) at Edith Cowin University, following which she completed her Practical Legal Training with a prominent criminal barrister.

    In 2016, Tenielle secured a Graduate Diploma in Legal Practice and was admitted to practice in May 2017.

    During her legal career to date, Tenielle has gained experience at a generalist firm in regional Great Southern with a focus on family law, criminal law, restraining orders, property, wills, and estates.

    During 2020, Tenielle expanded her experience through a boutique family law firm in Perth with autonomous responsibility for managing family law files from commencement to conclusion, including written letters of advice and correspondence, consent order applications, attending procedural hearings, interim hearings, Conciliation Conferences, Case Assessment Conferences, and mediation-based events.
    Tenielle’s experience in restraining orders includes interim negotiations through to representation at trial (on behalf of applicants and respondents).

    Tenielle has a compassionate and professional approach to family law with a focus on implementing creative solutions to resolve matters without unnecessary litigation.

    Feedback from previous clients is consistently positive, with particular notice of Tenielle’s practical, informed and candid approach to liaison with clients and provision of advice.

    When not in the office, Tenielle enjoys cooking, gardening (the rarer the plant or vegetable the better!), travelling, and spending quality time with friends and family.

    Renee Cowley

    Legal Secretary/Legal Assistant

    Renee has worked primarily in a family law environment for over 23 years, with extensive knowledge of Family Court procedures, including additional experience in Wills and Estates, including Probate and Letters of Administration applications.

    Renee obtained her Diploma of Legal Studies in 2017, which has supported her progress into roles that require the skills of a legal assistant.

    At Dimond Family Lawyers, Renee works in a hybrid role, completing senior secretarial duties, but also (as a legal assistant) producing initial draft court documents, taking instructions from clients, and producing analysis of disclosure.

    Renee is client-focused with an open and informed approach to working with clients, staff, and colleagues.

    She genuinely enjoys assisting our clients move towards a new chapter in their life.Outside of work hours, Renee enjoys spending time with her family and friends, long-distance running, being outdoors in the summer months, camping, and socialising.

    Rachell - BA (Hons), PGDL, LLM

    Senior Associate

    Rachell is an experienced Senior Associate with a wealth of experience working in family law in the United Kingdom, Queensland and Western Australia. Rachell is dual qualified to practice in England & Wales (2003) and Western Australia, which enables her to assist both Australian and local British clients with Western Australian and UK family law proceedings.

    Rachell provides accurate and tailored advice across a broad range of family law matters including complex property matters, parenting matters, binding financial agreements, child support agreements, family violence matters, and divorce proceedings. Rachell implements a collaborative approach to law, with a focus on guiding clients through mediation/dispute resolution events to resolve matters by consent where possible. If matters can’t be resolved in these settings, Rachell has strong advocacy skills to actively engage in complex court events and conferences.

    On a personal level, Rachell is a compassionate lawyer with a proven history of providing positive and informed support to her clients through difficult family law matters. Outside the office, Rachell enjoys spending time with her dogs and supporting a local dog charity. She also sings in a community choir and enjoys travelling and spending time with her friends and family across the globe.

    Leanne Galloway - LLB (Hons)

    Associate

    Leanne is a UK and WA qualified solicitor, having been admitted to practice in each jurisdiction in 2007 and 2018, respectively. She has significant post qualification experience in family law, criminal law and personal injury advice and litigation.

    With specific experience working with government agencies addressing issues relating to family violence and child safety, Leanne brings a breath of family law experience, coupled with a practical and informed approach.

    Most recently in Western Australia, Leanne has practiced solely in the area of family law, including the provision of advice in the areas of parenting disputes, relocation cases, family violence restraining orders, surrogacy, complex property matters, bankruptcy, and other areas of family law.

    Leanne has a passion for family law and justice and is defined by her compassionate and informed approach to the provision of practical and tailored advice to her clients in all areas of family law.

    Outside of the office, Leanne has worked as a volunteer through her local community football club, as well as having a strong interest in the practice and coaching of martial arts, having achieved a brown belt.

    Erryn Dimond - BPHE, GRAD DIP Ed, JD, GDLP

    Legal Practice Director

    Erryn is an experienced family law practitioner, having worked in the Perth family law sector since early 2009.

    Throughout her career, Erryn has gathered extensive experience and knowledge of complex financial matters, complex parenting matters, including litigation involving family violence (including restraining orders).

    Whilst working in a family law paralegal role for 4 years under the supervision of an experienced senior legal practitioner, Erryn completed a Juris Doctor (Law) at Murdoch University in 2012, and post-graduate Practical Legal Training through the Australian National University in 2013.

    Erryn is a member of the Family Law Practitioners Association of Western Australia, the Law Society of Western Australia, and the Law Council of Australia (Family Law Section).

    Erryn is known for her empathetic and strategic approach to family law matters, as well as her candid and professional communication style.

    Erryn has practical experience in a broad range of Family Law related matters and events including Procedural Hearings, Interim Arguments, Trials, Conciliation and Case Assessment Conferences, Child Dispute Conferences, external Mediation-Style Conferences, Legal Aid Dispute Resolution, and Family Court appeals.

    Outside of work hours, Erryn has a keen interest in food and wine. She also enjoys playing tennis, travelling, and spending time with her family and friends.

    Emma Harris - LLB, BBus and GDLP

    Associate

    Since being admitted to practice in early 2019, Emma has worked primarily in family law. During her career to date, Emma has been required to provide advice upon a broad range of matters including property settlement, spousal maintenance, parenting matters, divorce and family violence restraining orders.Emma is compassionate, practical and solution-focussed in her approach to practice, and particularly when guiding clients through the difficult circumstances that arise during separation.

    Chantell Perry - Dip. LEG.SER

    Legal Secretary/Legal Assistant

    Chantell brings a vast array of legal experience to our team, previously working in the areas of personal injuries and workers compensation claims, motor vehicle and industrial accident claims, conveyancing, companies work, wills & estates, general and commercial litigation, consumer and insurance litigation, civil litigation, customs matters, employment law and criminal law since 1996.

    Chantell has worked primarily in family law since 2005. Consequently, she has a broad and thorough knowledge of family law processes and procedures.

    At Dimond Family Lawyers, Chantell undertakes tasks as a senior legal secretary and a legal assistant, including liaison with clients, law firms, Court representatives and related parties, as well as drafting Court documents, correspondence, and producing spreadsheet analysis from disclosure provided.

    With an experienced and practical approach to her role, Chantell is well known at Dimond Family Lawyers for her positive and resilient attitude.

    Chantell has completed the Legal Assistants Training Course at the Law Society of Western Australia and also holds a Diploma of Legal Services through the College of Law, Education and Training.

    When not at work, Chantell enjoys spending time with her family, cooking, socialising with friends, camping, beach activities and the general outdoors.

    Call us on (08) 9443 1111