Getting divorced in Australia can be anything from simple and straightforward to drawn-out and complicated. Many people ask the question “can I divorce without a lawyer?” and the simple answer is yes.
However, every situation is unique so it will come down to your personal circumstances as to whether you can divorce without a lawyer getting involved.
Here are some things to think about if you are considering getting a divorce without engaging the services of a lawyer.
Your Family Situation
What is your family situation? Is it just you and your ex? Do you have any children? No kids but you’ve got pets?
Depending on your family situation it could be simple to separate and move on, but if you have children, it’s likely that you’ll need to negotiate on child care and living arrangements to find a happy medium that works for both of you.
Even if you have no kids but you do have pets, things can get complicated if both of you want to keep the pets.
If you can’t find a mutual agreement yourselves or following divorce mediation, you may want to consider heading down the path of hiring a family lawyer.
Your Financial Affairs
How complicated are your financial affairs? Do you co-own a house or a car?
Have you got any joint bank accounts or joint debts like personal loans, a credit card, or a mortgage?
If you currently rent the property you reside at, and have separate bank accounts already, splitting your financial affairs could be quite simple.
If you have a joint mortgage, pool your earnings into one account, and are jointly responsible for your outgoings, it could become complicated when you start to separate your finances.
Applying For A Divorce Online
You don’t have to hire a lawyer to apply for a divorce. These days you can apply for a divorce online. It is relatively straightforward to do and get the divorce process started without having to first engage a lawyer to prepare all the documents for you.
There are different processes to follow if you are completing a sole application or a joint application. Find out more about them on the Family Court WA website.
Divorce Mediation Sessions
If you want to get a divorce without a lawyer getting involved, a great place to start (and hopefully end!) is divorce mediation.
Divorce mediation can take one or more sessions, depending on your circumstances, but often it is a lot quicker than dragging out your divorce through the courts with costly legal fees.
The aim of divorce mediation is to help both parties work out their issues amicably and quickly. Outcomes are mutually agreed and therefore often respected by each person. Divorce mediation is a lot less stressful than divorcing through the courts, and it is usually cheaper and faster too.
Going To Court
Court attendance is only a requirement if you have filed a sole application and you have a child from the marriage who is under 18 at the time of filing, or you specifically indicate on your divorce application that you want to attend court.
If you do have to attend court, you can represent yourself, although you may want to have a lawyer to guide you through this process and represent you. Read our tips on how to prepare for a court appearance for your divorce and how to find an affordable family lawyer in Perth.
If you want to divorce without a lawyer, speak to us today.
Move On are Perth’s divorce mediation specialists, helping separated couples move on from their divorce quickly and affordably.
Get in touch with us today for a confidential discussion about your circumstances.