Divorce can be a challenging and emotional experience, not to mention expensive. So, it’s no wonder that many couples wonder if they should choose to divorce without a lawyer and subsequently handle the process without legal representation.
So, can you divorce without a lawyer in Australia? While it is possible to get a divorce without a hiring a family lawyer, there are important factors to consider before deciding on a DIY approach.
Can you divorce without a lawyer in Australia?
Yes, you can certainly choose to divorce without a lawyer in Australia.
In Australia, the Family Law Act 1975 allows individuals to apply for a divorce without a lawyer. You can file an online application through the Commonwealth Courts Portal. This is known as a DIY (do-it-yourself) divorce.Â
However, while the process may seem straightforward, it is important to ensure all documents are completed correctly to avoid delays.
Does it take longer to get a divorce without a lawyer?
A DIY divorce can take longer if there are errors in the paperwork or if deadlines are missed. Lawyers are experienced in handling the process efficiently, which can prevent delays.
Without legal support, you may also face longer processing times if you need to resubmit forms due to mistakes.
Do you need a lawyer to get a divorce if there are children involved?
While a lawyer is not legally required, it is often advisable to seek legal support if you and your ex-partner have children under 18. The court will need to be satisfied that proper arrangements have been made for the children’s care, welfare, and development.
Engaging trusted family lawyers can help you ensure that parenting arrangements are fair and in the children’s best interests.
What are the pros and cons of getting a divorce without a lawyer?
There are several pros and cons when it comes to choosing to divorce without a lawyer.
The Pros:
– Lower costs, as you don’t have to pay legal fees, only filing and court costs.
– Control over the process and timeline as you are the one making the decisions at each stage of the process.
– Simplicity if the divorce is amicable and uncontested.
– Flexibility as you aren’t relying on someone else to process your case – it’s up to you when you work on your divorce application and process.
The Cons:
– There can be a risk of making unintentional errors that can then cause delays or complications.
– Most divorcing couples have a lack of legal knowledge, which can lead to unfair outcomes.
– Increased stress, especially in complex cases involving children or property.
– It can be emotionally stressful as well, and can be made more complicated if you have an ex who is difficult to communicate with
A family lawyer can help ensure that you are aware of all legal entitlements and obligations, as well as give you advice on how best to proceed for you and your children to get the fairest outcome.
What about splitting assets and property? Do I need a lawyer for that?
Property settlement is separate from the divorce process, and it can be one of the most complex aspects of separation.
While you can negotiate directly with your ex-partner, a lawyer can help you reach a fair and legally binding agreement. Hickman Family Lawyers have extensive experience in property settlements when separating and can protect your rights and future financial security.
Where do I start with a DIY divorce?
If you want to start a DIY divorce in Australia, here are the first steps you need to take:
1. Visit the Commonwealth Courts Portal and create an account.
2. Complete the online divorce application.
3. Pay the filing fee (fee reductions are available for eligible applicants).
4. Serve the application on your spouse if filing a sole application.
5. Attend the hearing if required (usually only necessary if there are children under 18).
While it is certainly possible and completely legal to get a divorce without a lawyer in Australia, it can be a complex and stressful process, particularly when children or property are involved. Seeking legal support from an experienced divorce lawyer can help you navigate the divorce process as well protect your interests and your children’s future.
If you are considering getting a divorce without a lawyer, you can still contact Hickman Family Lawyers for a free 15-minute information call.
We are your local Perth family law specialists and can guide you through your options with clarity and care. There are a range of different services we offer, from a one-off consultation about your options, all the way through to full legal representation in Family Court.
