How To Get A Divorce Without Legal Papers | A Big No!
A Do It Yourself divorce might sound like a good option when you separate, but there are a few reasons why you need to be wary of this.
There are usually two basic reasons why couples may choose to divorce without legal papers instead of hiring a lawyer.
The first reason is to save money, and the second is that they believe their case is simple enough to do independently.
Although that may be the case in some divorces, things are often more complex than they sound.
These days, DIY “online divorce kits” are provided by the Family Courts, covering all aspects of the divorce process.
They formalize the division of assets and draw up financial and parenting plans.
The problem is that these systems do not look at your actual circumstances but leave the division of assets up to both spouses to work out between themselves.
And, with advice on their legal rights, you can avoid unfair treatment, and things can quickly go wrong.
Here are some key things you must be wary of if you opt for a DIY divorce.
Paperwork Pitfalls
Forms may seem simple, but both spouses must still upload or submit supporting documents.
One wrongly-ticked box or missing form could cause major complications, long delays, or result in the wrong decision, which you’ve set out to avoid.
Lack of Legal Understanding
Most people don’t have a legal background to fully understand the process and requirements, and family law can be complicated.
A simple mistake in a calculation could be costly down the line.
Valuing assets, such as properties, investments, and earnings, is complex enough. Still, when you add tax implications and superannuation benefits in the future, you can walk straight into a minefield.
Without proper legal advice, you could easily find yourself facing further claims from your ex-spouse in the future when circumstances change.
Timeline Troubles
Things can take longer than expected if you don’t do things 100% correctly.
One simple slip-up, like a missing document, may be rejected by the court and need to be resubmitted, causing long delays to the entire process.
Miscalculated Savings
Doing a DIY divorce may save on legal fees if things go perfectly from start to finish.
On the other hand, it may lead to a long, drawn-out process and not result in the fairest outcomes.
The bottom line is that there is certainly a risk to take when handling your divorce.
Taking Emotion Out Of The Equation
We all know how emotionally charged divorces can be at the best of times.
But having the added stress of filling in the forms and ticking every single box correctly while negotiating a fair and livable future for you and your children can only lead to a highly stressful and draining period – one that is easily avoidable.
Humour
Having a trusted and experienced family lawyer on your side to advise you on your legal rights, submit the correct forms, make the right decisions and appear in court if need be will go a long way in taking the stress and emotions out of your life. It may outweigh the savings on the legal fees.
Far too much is at stake, and many things can easily go wrong.
Are you ready to hire a divorce lawyer who can help you through your separation and divorce?
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Ella Hickman
Ella Hickman is the owner and Principal of Hickman Family Lawyers, one of the leading family law firms in Perth. She practices exclusively in family law in Perth and has a particular interest in parenting and children’s issues, matters arising from domestic violence in relationships, and property settlement cases.
