Filmer and Filmer

In *Filmer & Filmer*, the Family Court of Australia considered an application by the husband seeking to discharge or vary previous consent orders for spousal maintenance, while the wife sought an increase in the amount of spousal maintenance payable by the husband. The parties, married in 1981 and separated in 2010, had adult children. The wife, aged 54 and describing her occupation as "home duties," sought interim orders, while the husband, aged 57 and employed in the financial industry, sought to reduce his maintenance obligations.

The central legal issues before the Court were whether the existing spousal maintenance orders should be discharged or varied, and if varied, to what extent. This involved a consideration of the parties' respective financial situations, their ages and health, their capacities for gainful employment, and their financial commitments and responsibilities, as stipulated by sections 72, 74, and 75 of the *Family Law Act 1975* (Cth). The Court also had to determine the wife's ability to support herself adequately and the husband's reasonable ability to pay maintenance.

The Court reasoned that the wife was unable to support herself adequately, a prerequisite for spousal maintenance under section 72 of the Act. While the husband sought to discharge or vary the existing orders, the evidence presented indicated a need for continued maintenance. The Court considered the financial circumstances of both parties, noting the wife's reliance on maintenance and the husband's employment. Ultimately, the Court found it appropriate to increase the spousal maintenance payable by the husband.

The Court ordered that the husband pay spousal maintenance to the wife in the sum of $1,250 per week, backdated to 1 January 2013. The husband's application to discharge or vary the previous orders was dismissed. Further consideration of enforcement orders sought by the wife was adjourned to a final hearing, and the question of costs was reserved.