
Spousal Maintenance Australia: Claiming Years After Divorce
Under section 44(3) of the Family Law Act 1975, a fresh spousal maintenance claim is time-barred 12 months after divorce, but reviving a prior order is not.
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Stay informed with the latest insights, tips, and updates on Australian family law. Our expert articles help you understand your rights and navigate legal challenges.

Under section 44(3) of the Family Law Act 1975, a fresh spousal maintenance claim is time-barred 12 months after divorce, but reviving a prior order is not.

Under s 94 of the Marriage Act 1961, remarrying while a previous marriage is still valid is bigamy, even if accidental, with up to 5 years imprisonment.

Under section 79 of the Family Law Act 1975, Australian courts reach overseas assets unless Australia is clearly inappropriate or a foreign order settled them.

Under s 75(2) of the Family Law Act 1975, Australian courts award spousal maintenance to stay-at-home parents whose earning capacity is reduced by childcare.

Under section 66E of the Family Law Act 1975, courts only order child support via narrow carve-outs: section 117 departures, non-periodic orders, or lump sums.

Under section 79 of the Family Law Act 1975, a large initial contribution still counts years later if it stayed the foundation of the asset pool.
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