De-facto relationship interim maintenance agreement

29-November-2010 Family Law By admin

The Situation

A couple in a de-facto relationship were seeking to make an “interim” agreement for spousal maintenance pending final discussions and negotiations in respect of a property division.

The Solution

Streeterlaw were retained on an urgent basis in May 2009 to draft a binding financial agreement for a defacto couple under the new provisions of the Family Law Act which became effective 1 March 2009.

The parties to the agreement were proposing to be traveling overseas for extended periods of time in the near future. Accordingly the proper drafting and “capture” of the agreement they had reached between themselves within a legally enforceable form of a binding financial agreement was required.

The Result

Streeterlaw were able to take detailed and extensive instructions, draft the deed and return it to the parties overnight for their execution which, after final approval, was executed by both parties.

Client testimony – addressed to Streeterlaw’s Mark Streeter 

“We really appreciated your urgent attention to this work. My friends can’t believe that you are able to turn it around in such a quick time frame. My ex partner agreed that you had “captured” the agreement and was able to sign the agreement the next day. Thank you very much for your assistance. I can now go on extended leave with my mind at rest! I already have another three of my friends who have asked me for your name so that they can retain you as well!”
Peta*

Note: * An alias to preserve confidentiality and privacy. The Family Law Act provides stiff penalties to any person who discloses the names or identities of parties in family court proceedings or who publishes sufficient information to allow for the identification of these individuals. Accordingly many of the case studies and profiles are of a very general nature as a number of the distinguishing facts have been removed to preserve the anonymity of the parties.

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