A common question people ask when they go through a relationship breakdown is whether they’ll need to hire a family lawyer to untie the knot. This often comes from a place of not wanting to pay someone to help them get a divorce, or feeling comfortable filing for divorce themselves, or in a joint application with their former partner.
The simple answer to this question is yes. In most circumstances, you can submit a divorce application without a lawyer, and many people choose to do this to save on costs. However, there are other divorce-related considerations that we’ll look at in this article that you’ll likely need a lawyer to help you with.
Let’s have a look at a few scenarios.
Do I Need a Lawyer for Divorce in Australia?
A common question people ask when they experience a relationship breakdown is whether they need to hire a family lawyer to file for a divorce. Many consider doing it themselves to save on legal costs or feel comfortable filing the divorce application on their own or with a joint application alongside their former partner.
While it’s possible to go through the divorce process without legal assistance, there are several situations where seeking the help of a lawyer is advisable. In this article, we’ll explore when you might need a lawyer and when you might be able to manage on your own.
Applying For A Straightforward Divorce
If you’re seeking a straightforward divorce, the divorce process in Australia is fairly simple if you are an Australian citizen or living in Australia. You can apply through the Commonwealth Courts Portal either as a sole applicant or as a joint applicant. As long as you meet the eligibility requirements (i.e., you’ve been separated for at least 12 months) and there are no complicated issues to address, the application is fairly straightforward.
You’ll need to submit a marriage certificate along with the divorce documents and pay the filing fee. For those in financial hardship, a reduced fee may be available. Note that if there are children under 18, parenting arrangements must be addressed, even if only in basic terms.
Applying For A Divorce With Additional Requirements
In some cases, divorce applications may have additional requirements. If you’ve been living under the same roof while separated, you’ll need to submit an affidavit explaining the situation. If you’re married overseas, you’ll need to provide a translated marriage certificate.
If you can’t locate your ex-spouse to serve them with court documents, this will require a more complex process, potentially involving substituted service. If one or both parties are not in Australia, international family law matters might come into play, and you may need the help of an experienced family lawyer to navigate the complex family court procedures.
Annulment
If you’re seeking to annul your marriage instead of getting a divorce, you’ll need to demonstrate that the marriage was not legally valid. Annulments are granted in exceptional circumstances, such as if one party was already married or if there was fraudulent misrepresentation.
An annulment isn’t the same as a divorce, and the divorce proceedings are generally more straightforward. If you’re unsure about the grounds for an annulment, it’s advisable to seek legal advice to ensure you’re taking the correct course of action.
Don’t Have Time to Do It Yourself?
If you don’t have the time or simply prefer to have a lawyer handle the entire divorce process, a lawyer can assist.
A family law team will manage all the court proceedings, including preparing court documents, filing them with the court, and ensuring all financial matters and parenting arrangements are properly addressed.
Divorce-Related Legal Processes You Probably Will Need A Lawyer To Assist With
Divorce involves more than just the dissolution of a marriage. Several legal processes may arise during or after the divorce that require expert legal guidance. Property settlements and parenting arrangements are more complex issues that generally require support to address.
A family lawyer can help ensure that your rights are protected and that all legal requirements are met, making the entire process smoother and more manageable. Here’s a look at the divorce-related legal processes where having a lawyer may be essential.
Parenting Arrangements
If you and your former partner cannot reach an agreement on parenting arrangements, you may need to seek professional legal assistance. This often involves mediation or even going to court to establish formal parenting plans.
Family law solicitors can help you make a parenting plan, apply for consent orders, or represent you in family court hearings. Legal help is particularly important if the parenting arrangements are contentious or involve special circumstances such as domestic violence or issues of relocation.
Financial Separation
Dividing assets and debts is often one of the most complicated aspects of divorce. If you and your former partner are unable to agree on a property settlement, financial matters may need to be addressed through mediation or negotiation.
In some cases, you might need to attend court. Financial agreements (binding financial agreements) may be necessary, especially if there are complex issues such as holding property together after divorce or complex asset holding structures. A family law solicitor can help guide you through the family court system and ensure that the financial division is fair (just) and equitable.
Spousal Maintenance
If you’re entitled to spousal maintenance or if you’re being asked to pay it, you’ll likely need legal advice. A family lawyer can help you navigate this part of the process, ensuring that the spousal maintenance obligations are reasonable and fair, considering both parties’ financial circumstances.
When You Will Need a Lawyer
There are times when having a lawyer by your side can make all the difference, especially during a divorce. Whether it’s sorting out complicated property matters, figuring out parenting matters or dealing with spousal maintenance disputes, a lawyer can help guide you through the process, take the pressure off, and make sure everything is handled fairly and legally.
You will most likely need a lawyer if:
- You are dealing with complex property settlements or financial issues.
- You can’t reach an agreement with your ex-partner regarding parenting arrangements.
- You need to apply for consent orders or want court orders to formalise parenting or financial agreements.
- Your former partner is not cooperative, or you’re facing domestic violence or other safety issues.
- You have a matter headed to the Federal Circuit And Family Court Of Australia.
- You’re dealing with international family law matters, such as if your spouse is overseas or you’re married overseas.
In these cases, family law specialists can help ensure that all of your legal obligations are met and that your interests are protected in the family court.
When You May Be Able to Go It Alone
If your divorce is straightforward, and you and your former partner are in agreement about property division, parenting arrangements, and other issues, you may not need a lawyer. For example, if there are no children involved, or you’ve already reached a settlement on custody or visitation, you might be able to apply for a divorce on your own. You can use the online form through the Commonwealth Courts Portal and file the divorce application as a sole application or joint application.
If the divorce is uncontested and both parties agree on all terms, the process can be relatively simple. However, if a divorce hearing is required or additional documents are needed, having a family law team can help avoid mistakes and delays. Even still – it’s well advised to run any family law agreement past a skilled family lawyer before signing anything.
Weighing The Need For A Lawyer During Your Divorce
The decision to hire a family lawyer for a divorce in Australia depends on your specific situation. If you have a simple, uncontested divorce with no children and no financial disputes, you might be able to go it alone. However, if there are more complex issues – whether related to parenting arrangements, property division, or spousal maintenance – seeking legal advice is crucial.
In short, while it’s possible to manage a divorce on your own, it’s always a good idea to have the support of experienced family lawyers when navigating the often complex legal landscape of divorce. Family law experts can help you manage court processes, ensure you meet all legal requirements and represent your best interests throughout the divorce proceedings.
If you need support to manage your divorce or have further questions on how divorce works without a lawyer, please get in touch with us today – we’re happy to help.
