The involvement of a lawyer is mandatory for both divorce proceedings and legal separation proceedings. Only the lawyer is entitled to represent the spouses before the Family Court judge of the High Court before which the divorce or legal separation proceedings are conducted.
In addition, as part of the extra-judicial procedure of divorce by mutual consent by a document signed by a private lawyer, the lawyer is responsible for drawing up the agreement, countersigning it and then forwarding it to the notary who will deposit it in the order of his minutes. It is also responsible for ensuring the consent of the spouses, their full understanding, the balance and the legality of the convention. The lawyer sets the:
the future of the marital home; the fixing of the residences of each and that of the children; the division of parental authority over the children, the amount of their alimony; the organisation of visiting rights and accommodation for the parents to whom the children will not have their residence; sharing of furniture and buildings, etc.
Divorce lawyer: choosing the right lawyer
For a divorce, it is recommended to choose a lawyer specializing in family law: the list is available at the reception of the courts of major jurisdiction or at the Bar Association.
Divorce lawyer: a role of information and defence Before commencing the divorce proceedings, the lawyer must advise the client that he or she should give notice of the divorce.
the course of the proceedings and its stages ; family, financial, heritage and tax issues. In order to determine the strategy to be implemented, to draw up agreements, to bring them to a successful conclusion, to complete the divorce proceedings and to ensure, if necessary, the pleading in the interests of his client, the lawyer must: :
enter into the intimacy of family life and the history of the couple ; ask your client to produce certain parts ; analyze the different facets of the situation; and determine the consequences of divorce, describe the advantages and disadvantages of a particular procedure.
Divorce lawyer: an active client For its part, the client will have to be active and build his case by regularly feeding him by obtaining and transmitting to his lawyer the documents necessary to defend his interests. Thus, the relationship between the client and his or her lawyer must be based on trust. So if you need any Melbourne lawyers for your case you contact Nicholas James Lawyers.
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