Family Lawyers Caroline Springs

If you have been separated for more than 12 months, there are few opportunities to oppose a divorce application. You can only oppose the divorce where:

• there has not been 12 months separation as alleged in the application, or
• the Court does not have jurisdiction.

If you do not want the divorce granted, you must complete and file a Response to Divorce and appear in person on the hearing date.

You need to set out the grounds on which you seek the dismissal in the Response to Divorce.

If you file a response, you should attend the divorce hearing. If you do not attend, the Court may decide the divorce application in your absence. If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

Whether you are the Applicant or Respondent in Intervention Order proceedings sound advice about options available to you and proper representation at Court events is critical.

It is imperative that the terms of any Intervention Orders are understood so as to avoid breaches and resulting criminal proceedings which could have lasting and devastating effects.

At Pearsons Lawyers we will give you advice and arrange representation at various Court events to ensure that the best possible outcome is achieved at all times.

To arrange your first appointment with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.

This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.

After separation most people want a quick and inexpensive resolution of property and children’s matters. That is often achievable.

However, in some cases a quick resolution is not possible because due diligence needs to be exercised to ensure that all proper and necessary enquires are made, appropriate documents are exchanged, property identified and valued so as to ensure that the appropriate or best possible outcome is achieved.

Ultimately, the decision as to how quick and inexpensive a resolution is achieved is a matter for each client. A lawyer’s job is to provide legal advice about possible options and the pros and cons of each option available. It is the client who ultimately makes decisions and provides instructions as to which course of action to adopt and is best suited to their situation. Knowing the choices available gives the client the power to make informed and proper decisions.

Occasionally the other party and/or their lawyer may make a speedy and inexpensive resolution impossible.

In each case there are multiple parties involved such as lawyers, accountants, financial advisors, family and friends giving advice and having an input, all of which affects decision making and ultimately the outcome of each case.

It is important that you obtain sound legal advice about all of the options available to you so that you can navigate and understand the different courses available to you and their possible outcomes.

To arrange your first appointment with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.

This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.

Each client and their circumstances differ.

The length of time that each matter takes to resolve will depend on the parties and their circumstances.

Some parents are able to reach agreement about parenting matters and Parenting Orders can be made within a matter of weeks.

In financial matters some separating parties can reach an amicable and fair settlement which can be documented by way of Consent Orders or a Binding Financial Agreement (BFA) within a matter of weeks.

Usually after receiving legal advice about options, negotiations are undertaken by way of an exchange of letters and documents. Sometimes there are intense and focused negotiations by way of a Roundtable Conference (a meeting of the parties and their lawyers at one place at one time to negotiation outstanding issues) or a mediation.

In the event that agreement cannot be reached through negotiations and mediation, litigation may become necessary. Throughout the litigation process parties are required to engage in mediation to discuss and explore the possibility of reaching agreement without judicial intervention.

Most cases that are commenced in the Family Court or the Federal Circuit Court are resolved at some stage during the litigation path, formal Orders are made, and the matter is resolved without a Judge making a decision.

A small number of cases are unable to be resolved and proceed to determination by a Judge which means that the Court hears the evidence of the parties, submissions by their Barristers and then a Court makes a decision in relation to parenting matters, property issues or both.

The litigation path can take anywhere from a few months up to three to four years depending upon the complexity of the matter, judicial availability and other issues that can arise from time to time such as COVID-19 which has disrupted Court hearings and created greater delays in the Court system.

Pearsons Lawyers can provide you with specialist Family Law advice and guidance with the options available to you and assist you making decisions best for you.

We advise our clients of the costs associated with Court proceedings and how long they are prepared to devote to negotiations prior to considering commencing Court proceedings. Court proceedings are a last resort but are sometimes inevitable to achieve finality.

This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.

To arrange your first appointment with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.

This article is general information only and is not to be relied upon as legal advice. Please seek legal advice as appropriate.