Can we agree between partners that there will be no spousal maintenance?

16/07/2014

Yes in certain circumstances.

The Family Law Act makes very specific provisions as to what is required. One should be very careful that the documentation is in the correct format. Watson & Watson is experienced in this regard and have noticed that many documentation where parties apparently intended that there would be no future spousal moneys claimed, has been ineffective.

The problem has been so severe that the law has recently changed and now there are some circumstances even if where the documentation is not as required by the legislation, the documentation can be taken into account.

It is better to have the proper documentation than documentation which does not comply with the law.

Similarly, if you have entered into an agreement which, on the face of it, indicates that there will be no spousal maintenance claims, it may very well be a document that does not comply and there may be opportunities available to revisit that area.

Also there are provisions in the Family Law Act which set out when one can seek to set aside or vary a binding financial agreement.