Final spousal OR DE FACTO maintenance orders
(These are the orders sought to be made at the final hearing in a marital or de facto claim and are to be set out in your Application or Response.)
1.That the Respondent pay periodic maintenance to the Applicant in the sum of $[amount] per week, commencing seven days after the date of this order [add, if maintenance is sought to be limited to a particular period e.g. period of expected inability to support self or completion of re-training course] and be payable for [insert] years[or until (date)].
2.[If also applying for backdated periodic maintenance, add this paragraph to para 1 and other relevant paragraphs] That within [insert] days after the date of this order, the Respondent pay to the Applicant the sum of $[amount] being maintenance at the rate of $[amount] per week from [date of filing of application] to the date of this order.
3.[If applying for a lump sum instead of periodic maintenance, use this paragraph instead of para 1] That the respondent pay lump sum maintenance to the applicant in the sum of $[amount] within seven days after the date of this order [OR by instalments of $amount per week commencing seven days after the date of this order].
4.That maintenance under this order shall be paid by being deposited into the Applicant’s account no. [insert] at the [insert] branch of the [insert] Bank.
5.[Add property orders, if sought – see “precedents” in chapter on property – and any other necessary orders]
6.[If a lump sum or transfer of property is ordered, the purpose or one of the purposes of which is to provide for spousal or de facto maintenance, add this] That this is an order to which Section 77A [Section 90SH in a de facto case]applies, the amount attributable to maintenance being the sum of $[amount].
7.[If applying to vary an existing maintenance order, add this] That the maintenance order of this Court [or specify which other court]be varied by increasing the amount of periodic maintenance from $[amount] per week to $[amount] per week commencing [date][and/or by making an order for payment of lump sum maintenance in the sum of $[amount] payable within (insert) days.][If the lump sum is to be in lieu of periodic payments i.e. because the respondent is not paying them, you should add after “payable within (insert) days” the words “and that the order for periodic maintenance be discharged”.]
8.[If you act for a respondent]That the application of the Applicant for final orders filed on [date] be dismissed.
9.[If you act for a respondent who is applying to reduce an existing maintenance order] That the maintenance order made by the [specify] Court on the [date] be varied by decreasing the amount of periodic maintenance from $[amount] per week to $[amount] per week commencing [date].
10.[If other party has refused a reasonable settlement offer] That the Respondent pay the Applicant’s taxed costs of and incidental to this application.