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A DIY divorce might sound like a good option when you separate but there are few reasons why you need to be wary of a DIY divorce.

There are usually two basic reasons why couples may choose a DIY divorce as opposed to hiring a lawyer.

Save Money & Simplicity

The first reason being to save money and the second is that they believe their case is simple enough to do it on their own.

Although that may be the case in some divorces, things are often not as simple as they sound.

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These days, DIY “online divorce kits” are provided by the Family Courts, covering all aspects of the divorce process. They formalise the division of assets, as well as draw up financial and parenting plans.

Do You REALLY Know Your Legal Rights?

The problem here 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, without any advice on what each of their legal rights actually are, you risk being unfairly treated and things can quickly go horribly wrong.

Pitfalls Of A DIY Divorce

Here are some of the key things you need to be wary of if you opt for a DIY divorce.

Paperwork Pitfalls

Forms may first seem pretty simple to fill in, but both spouses still need to upload or submit supporting documents. One wrongly-ticked box or missing form could cause major complications, long delays, or result in the wrong decision being made; the very things 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 quite complicated.

A simple mistake in a calculation, could turn out to be costly down the line.

Valuing assets, such as properties, investments and earnings are complex enough, but when you add tax implications and superannuation benefits way in the future, well, you can be walking 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 easily take longer than you expect 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

One may think doing a DIY divorce will save on legal fees, if things go perfectly from start to finish.

On the other hand, it may also lead to a long drawn-out process and not result in the fairest of outcomes. The bottom line is that there is certainly a risk to be taken when it comes to handling your own 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 liveable future for you both and your children, can only lead to a highly stressful and draining period – one that can so easily be avoided.

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, and may, by far, outweigh the savings on the legal fees.

There is far too much at stake and so many things that can so easily go wrong.

If you were separating, would you consider a DIY divorce? Tell us in the comments below.

  • It is so important to get this right; it’ll affect your life for years to come.

    Reply

  • I couldn’t imagine having to go through this procedure but I’m sure I’d be using a lawyer if the need arose

    Reply

  • Hope to never need this ! I can imagine when the relationship with your ex is good and honest, lots of time and money can be saved when you do it diy

    Reply

  • Sister tried diy but need legally binding documents and looked over by lawyers

    Reply

  • I am doing a DIY one. Going through a lawyer for a financial agreement, but once it is time for the divorce we will just do it ourselves.

    Reply

  • Yeah it’s best to get legal advice otherwise you might find yourself out of pocket.

    Reply

  • I’m lucky in that I never had to even think about a divorce. Unfortunately I have a lot of family and friends who have had to go through one and half of them used a lawyer while the other half did it themselves.

    Reply

  • I think it’s best not to do It DIY having a lawyer in both party’s is best for everyone

    Reply

  • Looking to the picture I see 2 praying hands ;) The way you divorce may need some prayers.

    Reply

  • I hope never to have consider this but DIY I would imagine has many pitfalls. I would do it legally and by the book.

    Reply

  • Depends on circumstances.
    I did a DIY divorce and no issues. Saved me a ton of time and money.

    Reply

  • Probably depends on your circumstances

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  • Always hard navigating it on your own when there’s a lot involved like houses and kids

    Reply

  • Having been through a divorce and having paid tens of thousands of dollars to lawyers and not achieving anything I’m all for DIY if you can agree.


    • Yes, when you agree and the relationship with your ex is good enough I can imagine diy would have the preference

    Reply

  • Oh gosh, hopefully I will never need this.

    Reply

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