Assume you are employed by the firm of ‘Annulment and Partners’ a small city legal firm located at 56 Dissolution Street, Melbourne. DX12345. Phone 1234567.
Ensure that you complete all documents and answer all questions as if you were a paralegal working for this firm of Solicitors.
Mr JUDY Jones, a solicitor and senior partner of the firm, has taken instructions from a new client, Mr John Citizen, and asked you to help with Divorce Application.
QUESTIONS AND TASKS
Q1. Explain what other practical/procedural steps are required prior filling the application?
The practical/ procedural steps which are required prior filling the application?
Need Help Writing an Essay?
Our team of talented writers is ready to assist. We offer essay writing help in over 75 disciplines, ensuring a convenient and comprehensive solution for all your academic needs!
Get Help Now!Affidavit of service by post or hand (Divorce)
Acknowledgment of service (Divorce)
A sealed copy of the Application for Divorce and any other documents filed with the court, except the copy of marriage certificate
The Marriage, Families and Separation brochure
A letter asking his/her spouse asking to sign the Acknowledgment of Service (Divorce) and return it to him/her
A stamped self- addressed envelope for the return of the signed Acknowledgment of Service (Divorce).
If Service is not returned, then It needs to be served by hand by someone who is over 18 years of age
Attaching the signed Acknowledgment of Service (Divorce) to the Affidavit of Service by Post (Divorce).
A copy of the completed service forms before filling them at a family registry (FCCA, 2017).These are the other steps required for Mr. John to file a Divorce form before a Federal Circuit Court.
Q2. Explain relevant legal issues relating to this particular case which you should consider when handling this matter (referring to relevant legislation).
The important legal issues which pertains in this particular is to make sure there is been a 12-month’s separation between, Mr. Citizen and Ms. Collins. In the case it reveals that on 1 August 2016 John told the marriage was over and moved out to live separately. A few months later, both gave another go to reunite but it didn’t work out. John moved out again on 1 November 2016 which is after 3 months. However, Under Family Law Act 1975 – Sect 48
It explains that an application under this Act for a divorce order in relation to a marriage shall be based on the ground that the marriage has broken down irretrievably.
In a proceeding instated by such an application, the ground shall be held to have been stablished, and the divorce order shall be made, if and only if, the court is satisfied that the parties separated and thereafter lived separately and apart for continuous period of not less than 12 months immediately preceding the date of the filing of the application for the divorce order (FCCA, 2017).Moreover, under FLA 1975 – Sect 50
Effect of resumption of cohabitation
For the purpose of proceedings for a divorce order, where, after the parties to the marriage separated, they resumed cohabitation on one occasion but, within the period of 3 months after the resumption of cohabitation, they again separated and thereafter lived separately and apart up to the date of the filling of the application, the periods of living separately and before and after the period of cohabitation may be aggregated as if they were one continuous period, but the period of cohabitation shall not be deemed to be partof the period of living separately and apart
Attachments:
Get Quick Assignment Writing Help – No Plagiarism Guarantee!
Online assignment writing service website that provide university students with original and quality academic essays, term papers, admission essays, annotated bibliographies, reports, scholarship essays, personal statements, research proposals, research papers, projects, presentations, dissertation, theses, movie reviews, Book reviews, application papers, among others.
Having trouble with a homework question? Our skilled assignment writers are here to provide answers to all types of queries, ranging from fundamental mathematics to cutting-edge rocket science!
