Exiting the wrong marriage in the right way

Eligibility for Divorce

You must be eligible to apply for a divorce. Those eligibility criteria involve residency, the likelihood of reconciliation, the duration of separation, and your marriage certificate.

Case management

A new case management pathway aims to ensure that ninety per cent (90%) of cases are resolved within 12 months of filing. As result, it is vital to seek the proper and correct legal advice before filing.

New court new rules

The five new legislative instruments that regulate the rules of the new court are:

- Federal Circuit and Family Court of Australia (Family Law) Rules 2021

- Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021

- Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

- Family Law Repeal Rules 2021

- Family Law (State and Territory Courts) Rules 2021

We understand that family law matters can be a stressful and testing time for parties; HandO Lawyers deals with family law matters daily and is experienced and practiced in the new court rules and procedures.

Registrars

Senior judicial registrars, judicial registrars and deputy registrars will each undertake critical roles in the operation of the family law jurisdiction of the Federal Circuit and Family Court of Australia (FCFCOA) and feature heavily in the new case management pathway. For example, most duty lists, and case management events will be presided over by judicial registrars, and senior judicial registrars will determine as many interim applications as possible. In addition, registrars have the authority to exercise specific court powers, which make them the second most important group of individuals after your judge(s).

The importance of lodging the right application

When initiating proceedings in the Federal Circuit and Family Court of Australia it is important to understand the two divisions it comprises of:

• Division 1 (a continuation of the Family Court of Australia) deals with family law matters and has specialist family law judges hearing trials and appeals.

• Division 2 (a continuation of the Federal Circuit Court of Australia) deals with family law, migration, and general federal law matters. All matters are to be filled into Division 2 upon which matters that are deemed ‘complex’ might be allocated to Division 1.

HandO Lawyers will help assess your circumstances before lodging your application and make sure you are in the proper application category. It is essential to understand whether you should file a sole or joint application due to their varying obligations.

If you require assistance or representation in family law matters, HandO Lawyers is here to help. Book a consultation with us now:

• https://straits-lawyers.square.site/product/online-consultation-/11?cs=true OR
• Email us at info@holawyers.com OR
• Call at +61 (0) 8 8410 9069 to arrange an appointment.

Straits Lawyers is evolving! With our recent growth and development, we have expanded and are excited to announce the launch of our new name HandO Lawyers. Stand by for the new age of legal representation brought to you by HandO!

Please note that this article does not constitute legal advice, and HandO Lawyers will not be legally responsible for any actions you take based on this article.