Guideline 11 Divorce and Nullity of Marriage

Divorce and Nullity of Marriage				Guideline : Cwth Number: 11 Effective Date: 15/7/10 Law: Cwth Family
11.1	Assistance for divorce or nullity of marriage
	The Commission will not make a Grant of Legal Assistance to an applicant for assistance for a court application relating to divorce or nullity of the person's marriage unless special circumstances exist and:
	(a)	the court application is imperative, and
		Example:	An application may be imperative if the divorce or nullity would end continued harassment or ill-treatment of the applicant.
	(b)	the applicant for assistance suffers particular hardship, or
		Example:	An applicant may suffer particular hardship if it would be unreasonable to expect the applicant to adequately represent himself or herself due to special circumstances of a kind listed in the Commonwealth Legal Aid Service Priorities.
			Note: Special circumstances are set out in Schedule A of NPA, Special Circumstances of the Applicant Priorities.
	(c)	certain aspects of the court application have a complexity warranting legal assistance, and because of this complexity it would not be reasonable to expect the applicant for assistance to conduct the proceedings.
		Example:	The following types of cases may warrant a Grant of Legal Assistance: difficulties in proving the marriage a need to obtain recognition of an overseas dissolution a need for substituted service, or a need to dispense with service of the application.

Page Last Revised :Tuesday, July 27, 2010