Divorce Proceeding in Family Law: 1085475

Question 1

In a divorce proceeding in family law, the following are the requirements needed in the divorce kit for a complete application.

1. This includes that payment stubs from all the employment sources over the last year. They stubs also include the spouses income over the last year. If any of the parties is in self-employment, then documents regarding the business revenues and expenses are needed. They may include the business registers, financial statements, bank statements, check registers and cancelled registers (Ancis, 2017).
2. Documents related to real estates that is either owned together or separately which can be obtained either from the bank or the mortgage dealer.   
3. Documents related to automobiles owned together or separately and titles of the registration numbers of the vehicles (Aviel, 2017).
4. Documents on life savings and insurance covers such as life covers and education covers.

Question 2 a.

A lump sum fee of $1,650 inclusive in GST is the amount used in filing for the divorce in non-reduced application.

Question 2b

A client is entitled for a reduction in reduced fee application for a divorce if; the client holds a card issued by the department of human services. The cards includes; the healthcare card, commonwealth seniors health card, pensioner concession card or any card issued by the department of veterans affairs which certifies that the client is entitled to the commonwealth health concessions.

The second ground for an application of reduced fee is the client has been receiving youth allowance, study payments or have been granted legal aid (de Blasio, and Vuri, 2019).

If the client is aged 18 and under or legally detained in an Australian prison.

Under the Australian criminal code, any person that makes untrue representation unknowingly to take advantage or benefit from the commonwealth will be guilty of an offence and will be charged , fined and imprisoned.

In some other instances, one may be eligible for reduced fees if the client’s income, the normal day to day expenses, assets and liabilities at such a level of payment may cause a financial hardships.

Question 3 a.

Yes, the firm is able to charge the client for the time spent since they have all the informations needed. They have itemized the expenses and the number of cost per page in each expense (He, 2017).

b.

The firm is also able to charge for the phone call or copying. Photocopy is charged at the rate of $0.5 per page. All the documents put together copied will be calculated and the cost dispensed to the client.

c.

The filling fee is usually different from the fixed price. The

d.

This manner of costing reduces the amount of money the client will eventually pay for the legal services. Fixed costing ensures that there is a fixed rate in which one is supposed to pay (Sifris, and Rodrick, 2016).

•  

This manner of costing benefits the firm eventually as many of its clients have an actual clue about the total amount of money that will be used eventually. The benefit to the firm is that it retains its customers who like the fee they pay.

• Provide a link

https://aifs.gov.au/publications/families-policy-and-law/export this is another link

The Benefits Of Fixed Fee Billing

Fixed costs in legal proceedings is comprehensive since managing costs in a firm is able to attract a specific clientele. Covering fixed costs and graduated schemes in fees explains the principles that identify and apply in making a claim. Fixed fee may include magistrate’s court proceedings for administrative issues, for relevant civil proceedings, disbursements and costs in relation to appeals and reviews. (Kim, Park, and Shukhertei, 2017).

Question 4a. the divorce process

1. Serving the divorce petition
2. Response for divorce petition
3. Final steps for a divorce –spouses to furnish the court with their assets and liabilities.

• Sole application for divorce
• Joint application for a divorce
• Showing valid reasons for divorce

4b. Victoria Family court division

4c.

The commonwealth courts portal gives its users with a secure information that is web based on cases that are before the Australian courts. Understanding the final decree of the the divorce proceedings.

4d. As your office is only three streets away from the Court Registry, your firm always files Applications for Divorce in person.   Answer the following:

Four copies. The copies include; one for the courts, one for the lawyer and the two are for the parties in the divorce proceedings.

Three copies should be taken, one original and two copies for stamping .

File them for use in the divorce proceedings.

Question 5

1. 5a.
2. The server give the court papers to the party being served.
3. Server has to identify the party being served and the legal papers to inform him or her that the papers served are court papers.
4. The server fill out the details and proof of service and when the papers were served.
5. Personal service is completed when the papers are served (Munro, Katz, and Sweeney, 2016).

The date and time for service must be written in service and must not be delivered on a holiday or a weekend.

•  

Her legal representative. Serving Mrs. Orr will mean that her legal representatives do not have a chance to look at the items they are supposed to reply to.

A fixed fee is not applicable in this for filing

Question 6.

1. Plaintiff
2. Defendant
3. Attorneys from both parties
4. The judge
5. Witnesses  

Question 7.

Only the family law court judge or the federal circuit court judge is able to grant a decree in a divorce proceedings under section 132 . A registrar has no authority to issue a decree as it is not in their judicial power (Miller,. and Manzer, 2018).

Question 8. Draft a letter (make up your own letterhead)

IN THE COURT OF COMMONWEALTH FAMILY COURT AUSTRALIA

MR. ORR- PLAINTIFF

VS.

MRS. ORR- DEFEDANT

Re: Divorce Proceedings

In the matter of your divorce involving your spouse Mrs. ORR, the plaintiff and Mrs. Orr, the defendant, the matter will be heard in the Family court on 6^th July 2017 at 2:00 pm to exercise the divorce proceeding. This is to inform you that the service of the court papers will be held before the date given for hearing of the case.

In the court hearing, the court will decide if

1. There is reasonable grounds for the divorce to proceed
2. The parties will present their requests on the divorce
3. The court will decide on what will happen to the children, assets and liabilities and any other item deemed fit for the court.

In the application, the court will be able to determine how your assets will be redistributed and the time for final sharing of the assets.

Thank you for your time.

Sincerely,

Dean.

Question 9

Court lists for a divorce proceeding

1. Child support
2. Child support guidelines
3. Commissioner
4. Community property- marital property
5. Complaint
6. Contempt of court
7. Counter claim
8. Court order
9. .

References

Ancis, J.R., 2017. Women and Family Court. Gender, psychology, and justice: The mental health of women and girls in the legal system, 6, p.23.

Aviel, R., 2017. Family Law and the New Access to Justice. Fordham L. Rev., 86, p.2279.

de Blasio, G. and Vuri, D., 2019. Effects of the joint custody law in Italy. Journal of Empirical Legal Studies, 16(3), pp.479-514.

He, X., 2017. ‘No Malicious Incidents’ The Concern for Stability in China’s Divorce Law Practice. Social & Legal Studies, 26(4), pp.467-489.

Kim, H.M., Park, S. and Shukhertei, A., 2017. Returning home: marriage migrants’ legal precarity and the experience of divorce. Critical Asian Studies, 49(1), pp.38-53.

Miller, S.L. and Manzer, J.L., 2018. Safeguarding children’s well-being: Voices from abused mothers navigating their relationships and the civil courts. Journal of interpersonal violence, p.0886260518791599.

Munro, L.B., Katz, J.S. and Sweeney, M.K., 2016. Administrative Divorce Trends and Implications. Family Law Quarterly, 50(3), p.427.

Sifris, A. and Rodrick, S., 2016. 100 Years of Open Justice in Family Law Proceedings in Australia. Legal History, 16(2).