Journal Article

Spousal Maintenance in Australia

Belinda Fehlberg

in International Journal of Law, Policy and the Family

Volume 18, issue 1, pages 1-37
Published in print April 2004 | ISSN: 1360-9939
Published online April 2004 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/18.1.1
Spousal Maintenance in Australia

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This article revisits Australian spousal maintenance law in the light of recent empirical research, and policy rationales for spousal maintenance. The focus is on the Family Law Act (FLA) 1975 (Cth) provisions (applicable to married couples), and on recent case law developments. State legislation (applicable to domestic relationships) is also considered. A central theme is the gap in this area between legislative and judicial approaches to spousal maintenance, and the behaviours and attitudes of separating couples more generally. Thus, while Australia has detailed legislative provisions regarding spousal and ‘domestic partner’ maintenance and there are recent judicial statements suggesting that the spousal maintenance provisions should be utilized more often, applications are infrequent and in the broader community maintenance is paid and received in a minority of cases.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

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