The helpful infographic outlines the different phases of the litigation process that need to be undertaken by couples who are going through divorce.
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Melbourne, Victoria (PRWEB) December 18, 2012
Westminster Lawyers, a distinguished firm of accredited family lawyers Melbourne locals consult for expert legal services, recently produced a helpful infographic outlining the different phases of the litigation process that need to be undertaken by couples who are going through divorce. The infographic aims to guide people through the different steps involved in the often lengthy and tedious process of going to court.
People who have experienced a breakdown in their relationship or marriage will often require the services of qualified family lawyers to help with a wide range of matters that will make the separation final and official. These issues include divorce, the correct division of assets, spousal maintenance, child support, applications to move children to another state or country or to return them to their original country of residence, and others.
Often, parties can arrive at a suitable arrangement through simple negotiation. "We aim to resolve our clients' matters as quickly, inexpensively, and calmly as possible," explains a legal expert from Westminster Lawyers. "The overwhelming majority of our cases are settled by negotiation without the parties having to go to court."
"However, when divorcing parties cannot come to an agreement on their own, the matter is then taken to court."
As depicted in the company's new infographic, the litigation process for divorce begins with the preparation and signing of court documents. There are three documents that a person must prepare and sign: the Initiating Application (which sets out the orders a person wishes the court to make), a Financial Statement (if a person is seeking property or spousal maintenance orders), and an Affidavit (which sets out the facts that support the orders being sought by the person).
The next step is for the three documents for the divorce proceedings to be filed with the court, which then fixes the matter for a preliminary hearing (referred to either as a Case Assessment Conference or a first return date). This will depend on whether the matter is issued in Family Court or in the Federal Magistrates Court.
Copies of these documents will then be served on the person's spouse or former partner, who has to file and serve a response within 28 days (if they were issued in Family Court) or 14 days (if they were issued in the Federal Magistrates Court).
The person who filed the documents must then review the response sent by the spouse or former partner and promptly attend the first court date. Under the Family Court, a case assessment conference with a registrar will take place; under the Federal Magistrates Court, it will be a duty list hearing.
The Melbourne CBD-based Westminster Lawyers takes pride in having nine Accredited Family Law Specialists among its 12 dedicated lawyers—and all aim to seek a solution for their clients through a thoroughly prepared and well-structured negotiation process. Litigation, according to their philosophy, must serve only as the last resort.
"The focus of the firm has always been to provide solutions for their clients in a sensitive and effective way during the often distressing time of a family breakdown through the highest levels of professionalism and expertise," explains the firm’s accredited expert.
Westminster Lawyers offer comprehensive legal services in Prenuptial and Cohabitation, Separation and Divorce, Wills and Estate Planning, and Mediation for both interstate and international clients. For more information and to view the new infographic, visit their website on http://www.westminsterlaw.com.au.