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Law Assignment - Application for divorce and obtaining restraining order

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Added on  2019-10-30

Law Assignment - Application for divorce and obtaining restraining order

   Added on 2019-10-30

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Running head: LAW ASSIGNMENTLaw AssignmentName of the studentName of the UniversityAuthor Note
Law Assignment - Application for divorce and obtaining restraining order_1
1LAW ASSIGNMENTTo Jack Sparrow27 Cutlass Place, BallinaNew South Wales Re: Advise on Application for divorce and obtaining restraining orderSir,You have instructed us that you want to dissolve your marriage under the Family Law Act andyou seek my advice as to whether you could remarry and ensure safety of your children andyourself by obtaining some sort of restraining order against your wife. My advice is as follows:1.A divorce application may be filed after you have separated from your wife Buffy for aperiod of 12 months. In order to file a divorce application you are required to complete anApplication for Divorce and the present it before the Federal Circuit Court Australia. Atthe time of filing the divorce application, the Federal Circuit court shall charge a fee of$865.00 as filing fee or an application fee. The filing fee may be reduced on certaingrounds of financial hardship. If you and your spouse apply the divorce application, itshall be referred to as joint application but if it is the applied by you, you shall be referredto as the applicant1. 1 Australia, F. (2017). Divorce - Family Court of Australia. Familycourt.gov.au. Retrieved 15 September 2017, fromhttp://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/divorce/divorce.
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2LAW ASSIGNMENT2.You can apply for divorce in Australia as your spouse Buffy is a citizen of Australia andyou have been granted an Australian citizen. In order to apply for divorce in Australia itis important to establish the following grounds: you were married; you have been separated from your wife for 12 months; your marriage has broken down and there is no possibility that you and yourspouse would get back together; you and your spouse are citizens of Australia and consider it as your permanenthome;3.There is no particular time limit for applying for a divorce application in Australia. Underthe Family Law Act 1975, there is an established principle known as the ‘no-fault’divorce which implies that the courts in Australia does not require the parties filingdivorce application to provide reasons why the parties/party dissolved the marriage. Theonly ground for divorce that is considered by the court is the irretrievable breaking downof the marriage2. In other words, there is no probability that you and your spouse will getback together. In order to establish the claim that the marriage is broken downirretrievably, the parties/party is required to prove that the parties have resided separatelyfrom each other for 12 months. The period of 12 months commences from the day theparty or both the parties intends to terminate the marriage and communicates the same tothe other.4.After filing the divorce application and the filing fees, a copy of the divorce applicationmust be served to the spouse. You are required to serve a copy to your wife Buffy.However, in case there are children from the marriage and they are below 18 years, the2 Family Law act 1972 (Cth).
Law Assignment - Application for divorce and obtaining restraining order_3

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