Guideline 6.2 – FDRS in spousal maintenance disputes

Guideline 6.2 – FDRS in spousal maintenance disputes

Before applying for a grant of assistance for a person to attend ​Victoria Legal Aid's (VLA’s) Family Dispute Resolution Service (FDRS), lawyers should read the following important information about FDRS.

VLA may make a grant of assistance for family dispute resolution at FDRS in a dispute relating to spousal maintenance where:

  1. the following threshold tests are met:

Other mandatory requirements

As well as the requirements set out in Guideline 6.1, additional criteria apply in the following circumstances:

Discharge or v​ary

Where the person is applying for assistance to discharge or vary existing orders, in addition to the above criteria, there must have been a significant change in circumstances since the order was made.

If the significant change in circumstances has been caused by the person seeking assistance, we will consider the circumstances surrounding that change in deciding whether it is appropriate to make a grant of legal assistance.

Where assistance is sought to discharge or vary a spousal maintenance order, unless the matter is urgent, the lawyer should first consider whether a grant for family dispute resolution should be made.

Documentary requirements

Applications for assistance under this guideline are within the simplified grants process and are submitted through our online lodgment service ATLAS. Lawyers submitting an application must ensure that evidence supporting the application is kept on the file.

For more information about grants and applications, and the documentary evidence needed to support the application under each guideline, see the Notes on the Commonwealth family law and child support guidelines.

Fees available

For information about fees available for a grant under this guideline, see Fee table 4.1.