At Gentles Family Lawyers we prepare a Financial Agreement (“agreement”) that deals with each party releasing his or her former spouse from paying the other spousal maintenance in the future. You and your former spouse both sign this agreement which is also specifically certified by each party’s lawyer pursuant to provisions of the Family Law Act 1975.
This agreement protects you from allowing your former spouse to make such a claim when you have moved on with your life and may already be in a new relationship.
A party to a marriage can make an application for spousal maintenance without leave of the Court within 12 months from the date of your divorce and can also apply for spousal maintenance outside that time limit if the Court grants that party leave on such an application.
If you would like to limit what your former spouse can do after you have separated and are divorced, then, it may be beneficial to you to have this agreement as part of your overall property settlement.