PROVIDING ACCESS TO JUSTICE IS THE FIRST STEP
Written by Fay Gertner, Principal Lawyer and MLCC Legal Practice Manager.
Fay Gertner, Principal Lawyer and Legal Practice Manager
Technology has made our lives easier in many ways, but at Monash Law Clinics we’re often exposed to the realities of what happens when a person doesn’t have access to all the technologies that we typically take for granted.
While almost everyone has a smartphone, not everyone has access to a computer, reliable internet, a printer, or even a credit card. The lack of these modern-day conveniences can mean that successfully applying for a divorce is beyond reach.
Ms MI, was married in Iran and had two children, both under 18. Now living in Australia, she and her husband had been separated for over a year when she contacted Monash Law Clinics Clayton. She lived across town from the Clayton Clinic, and when she made the call, it was for some help in completing the application for divorce she had started, but wasn’t sure how to complete.
With Centrelink as her only source of income, Ms MI was struggling financially and with no access to a printer or a credit card, she found it difficult to progress her application. She had experienced family violence and had some reservations in engaging with her Iranian community. Her only family in Australia were her two children, and with limited English she required the assistance of an interpreter to complete the application and affidavits.
Ms MI was able to attend our office in Clayton, and we were able to act for her in applying for her divorce.
We restarted her application, organising for her marriage certificate to be translated by a qualified interpreter and completing her application with the help of an on-site interpreter. We provided an interpreter to be with her during the telephone hearing so she could understand what was being said and what was decided. Given her financial predicament, we offered Ms MI access to funding to cover the cost of the divorce application and service.
In addition to providing Ms MI with much needed legal assistance, Monash Law Clinics provided invaluable support and guidance. We were able to explain and answer questions she had about the process and helped bear some of the weight she carried in trying to navigate what can be a challenging system.
By helping Ms MI overcome her financial challenges and language difficulties, and providing her with access to technology, Ms MI was able to successfully obtain her divorce.
When the divorce was granted, Ms MI’s relief was palpable, and it meant that she could now focus on healing and her children.