Maintenance Applications:

A Crucial Understanding
for Firm and Client Success
Introduction
Welcome to " Maintenance Applications: A Crucial Understanding for Firm and Client Success

This eBook aims to provide family law practitioners with a refreshing understanding of some
types of maintenance applications and which dependents may qualify for such maintenance.
Maintenance claims are often sought through court processes, and family attorneys may cost
their firms dearly by not having the correct understanding of it, the consequences hereunder
enlisted. Whether you are a seasoned family attorney or just kicking off in the family law realm,
maintenance applications will always bring new feet to your firm. Understanding the theory of
maintenance will enhance your practical maintenance applications and further enhance
client satisfaction.

Maintenance Theory
The crux of maintenance in family law refers to the legal obligation of one party to provide
financial support to another party, typically in the context of a family relationship. It is
designed to ensure that individuals who are financially dependent or in need of support,
such as children or a former spouse, receive the necessary financial assistance for their
well-being. As a family law practitioner, understanding how to advise and guide on a
maintenance claim is essential as it could mean recurring business for your firm. For
example, if you are dealing with interim maintenance, and your client is impressed by both
your advice and representation, your mandate may further be extended to handle to the
actual divorce as well.

Consequences of poor maintenance advice

1 Inadequate Financial Support: Failure to identify maintenance claims can result in clients
not receiving the financial support they deserve. This can leave them struggling to meet
their basic needs, maintain their standard of living, or support their dependents.

2 Unbalanced Settlements: Without identifying maintenance claims, attorneys may

unknowingly negotiate unfair settlements, leaving their clients at a disadvantage. This
can result in an unequal distribution of assets, leaving one party financially burdened
after the separation.

3 Missed Opportunities for Support: By overlooking maintenance claims, attorneys may

miss opportunities to secure crucial support for their clients.

4 Legal Consequences: Failing to identify maintenance claims can have legal consequences
for both the attorney and their clients. Clients may have valid claims but remain unaware,
leading to potential legal disputes or the loss of their rightful entitlements.

When attorneys fail to identify maintenance claims, clients may feel frustrated, let down, or
misunderstood. This can erode trust in the attorney-client relationship and result in
dissatisfaction with the legal representation. This could be a means of discontinuance and
clients potentially completely leaving the firm. You have the capacity to avoid this by solidifying
your maintenance understanding.

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Maintenance can take various forms and may be awarded in different situations, including child
maintenance, spousal maintenance, and maintenance for other dependents. Each type of
maintenance has its own requirements and considerations.

Spousal Maintenance
Spousal maintenance applications play a significant role in providing financial support to
the financially disadvantaged spouse after a divorce or separation. Spousal maintenance is
not automatically granted and is determined on the merits of each case. The court has
discretion in determining the amount and duration of spousal maintenance based on the
specific facts presented.

To qualify for spousal maintenance, the following general

criteria are considered:

1 Financial Need: The spouse seeking maintenance must demonstrate a genuine financial
need for support. This includes showing that they are unable to adequately support
themselves financially after the divorce or separation.

2 Disparity of Income and Standard of Living: The court considers the financial disparity
between the parties and the standard of living enjoyed during the marriage. If there is a
significant discrepancy in earning capacity and one spouse is financially disadvantaged, it
may be a factor in awarding spousal maintenance.

3 Duration of the Marriage: The length of the marriage is also considered. Longer marriages
generally increase the likelihood of spousal maintenance being awarded, as there is a
presumption that the financially disadvantaged spouse has become accustomed to a
certain supported offered by the other.

4 Contributions to the Marriage: The court considers the contributions made by each
spouse during the marriage, including financial contributions, homemaking, child-rearing,
and career sacrifices. These contributions may influence the decision regarding spousal
maintenance.

Interim Maintenance
Interim maintenance refers to the financial support provided to a party during the
pendency of a legal proceeding, typically in family law cases such as divorce or separation.
It is intended to address the immediate financial needs of the party who may be financially
disadvantaged or dependent on the other party.

The requirements are much like the requirements for spousal support enlisted above,
however, here the court considers the duration of the legal proceedings.

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Maintenance Applications for
Other Dependents
Maintenance for other dependents refers to financial support provided to individuals who
are not a spouse or child but are dependent on the person they are seeking maintenance
from. While the specific criteria for qualifying for maintenance for other dependents may
vary, the following factors are typically considered:

To qualify for spousal maintenance, the following general

criteria are considered:

1 Financial Dependence: The person seeking maintenance must demonstrate a financial

need for support. This could include elderly parents, siblings with disabilities, or other
individuals who are unable to support themselves financially.

2 Relationship of Dependency: The court will assess the nature of the relationship between
the maintainer and the dependent. Factors such as the duration of the relationship and the
level of support provided.

3 Ability to Provide Support: The court will evaluate the financial means and resources of
the maintainer and whether they are able to support the dependent.

Conclusion
Understanding the theory behind maintenance applications is essential, but applying that
knowledge effectively is what sets successful practitioners apart. With the insights gained
from this eBook, you will be well-prepared to identify and quickly assess maintenance
claims, provide adequate legal advice for your clients, and achieve favourable outcomes.

Thank you for joining us on this quick refresher on maintenance applications. Remember,
knowledge is power, and the more equipped you are, the better you can serve your clients
and contribute to the field of family law