Common Questions Regarding Family Law Disputes

Disclaimer: This content has been prepared by third party lawyers, not by ARAG nor by the Insurer. It is intended to provide a general guide to the subject matter and is not intended to constitute legal advice, and you should not rely on this information as a substitute for obtaining your own legal advice. If any of the below issues apply to you, then you should obtain legal advice about your specific circumstances. ARAG and the Insurer disclaim any liability for damages howsoever arising out of or in connection with the use and/or reference to any of this content.

Published on 01.07.2020.

My child does not wish to have a relationship with their other parent and has not spoken to them in years. However, they are now demanding that our child must move in with them. How will this be resolved?

This involves determining what the best interests of your child are. For example, your child being protected from physical or psychological harm, receiving adequate parenting and both parents fulfilling their parental responsibilities.

If your child has a relationship with their other parent that is mentally or physically damaging, it is not in your child’s best interests to live with them. Your child’s level of maturity may also be considered if they have expressed consistent views that they do not wish to have contact with their other parent.

I am seeking spousal maintenance payments and I would like them to be backdated to a specific date. Is this possible?

It may be unreasonable to impose a retrospective sum on the person paying the maintenance. Usually, maintenance payments commence from the date of the court order.

What factors require my ex-partner to provide spousal maintenance?

Factors such as your ability to gain employment, age or professional training may be considered. However, the circumstances requiring spousal maintenance are highly context-specific and can depend on several other factors.

My partner and I have separated. We were not married but we lived together. Can I claim some sort of financial support?

If you are not able to support yourself, your ex-partner may have a responsibility to financially assist you. Since you were not married, the court may consider your relationship to have been de-facto if you lived together for no less than two years. This could invoke ‘de-facto maintenance’ depending on your current and future ability to work and the other person’s capacity to pay.

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