People will often consult a family lawyer after a separation
and be struggling as a result of now having to pay for two separate households,
having become used to having to support one household for many years. Parties’
expenditure may have expanded during a relationship given the savings they were
making in only running one household, meaning that post-separation the weekly
budget becomes very strained.
It is important then to carefully consider what you do and
don’t pay for post-separation, as this will likely become the position you have
to keep up until there is a final settlement. If you start paying for the
mortgage as well as for your rent in new premises, then you will have to
convince a Court carefully and with proper detail of a very significant change
in your financial circumstances. You will need to explain why you no longer
have capacity to pay this amount in order to avoid having to continue with this
arrangement for what is effectively “spousal maintenance” whilst proceedings
continue. The recent case of Hogan & Orwell (http://www.austlii.edu.au/au/cases/cth/FamCA/2016/505.html)
reviewed the party’s finances from the perspective of a spousal maintenance
application and the Husband in that situation was required to continue with
mortgage payments. The Husband had increased his credit card liability by about
$35,000 but had produced no explanation for why this had increased by such a
large amount.
This cost can become overwhelming for people, and if
decisions are not made very carefully, you can be locked in to paying for two
properties for a considerable period of time, particularly if litigation takes
a long time to sort out. This is one of the many factors your sensible family
lawyer should advise you about in considering how to run your case. Call us for
more information or send us an email if you would like to discuss your
situation in a confidential free initial assessment.
http://nffamilylawyers.blogspot.com/2017/05/be-careful-what-you-pay-for-creating.html
