BucketOrange Magazine

Life Guides for Gen Y: The Fundamentals of DIY Divorce

Legally Yours — Mon, 24 Oct 2016 00:31:00 +0000

In previous years, the impact of tech disruption in the global travel and hotel industries has been enormous. Demand for faster, easier and more cost-effective online flight and hotel bookings has given way to holidaymakers cutting out travel agents as the middleman in favour of organising flights, accommodation, and activities themselves.

The effect of tech disruption in the Australian legal industry has had a comparably major impact. Digital access to ‘cloud-based’ lawyers, reduced cost and fixed-fee services have become more mainstream, along with a steady increase in demand for access to online legal information. Many Australians, as far as possible, wish to increase efficiencies and save money by handling early stage legal issues themselves.

Now, when it comes to divorce and the separation of assets, more and more Australians are seeking the ‘do it yourself’ option. One that involves accessing legal information online to reduce the time, cost, stress, and anxiety some Australians experience, or think that they will experience, when consulting a lawyer.

But how feasible is this option? Is it simply a matter of downloading relevant information and lodging the correct documents with the Family Court? Or is the process a little more complex, confusing and difficult to achieve alone? If the decision to get a divorce has not been mutual or amicable, it can be a very scary, overwhelming, stressful and expensive stage in your life. The costs associated with divorce (and lawyers) can also be frightening.

If you are considering the ‘DIY divorce’ route, below we outline the basics of the divorce process as well as the relative pros and cons of ‘going your own way’ without the help of a lawyer.

What Does ‘Getting A Divorce’ Mean?

When it comes to the full spectrum of human emotion, divorce is consistently ranked alongside the death

of a loved one as one of the most traumatic experiences anyone can go through.

Most of us don’t even realise that the word ‘divorce’ can actually entail three different elements:

Obtaining a divorce order which recognises that you are no longer married
Obtaining a property settlement (i.e. dividing your marital assets); and
Obtaining parenting orders, where there are children under the age of 18 years.

When Can I Obtain A Divorce Order?

To become legally divorced (by obtaining a divorce order), you first need to show that you have been separated for over 12 months.

For this reason, it is a good idea to document the date your separation occurs.

If you have been married for less than 2 years, you may also need to show that you have attended couples counselling.

In situations where you have been separated but continue to live under one roof, it is also imperative that you document when this arrangement first started, as this period can be included in the calculation of your 12 month separation.

Once you and your spouse have been separated for over 12 months, one of you can make an application to the Family Court for a divorce order.

When this is granted, a certificate is issued by the Court which declares that your marriage has now ended.

I Have A Divorce Order, Now What?

Once you have received a divorce order, you usually have 12 months to use the Court process to seek orders which relate to the division of your assets and parenting of any children under the age of 18 years.

You do not need to be divorced, or separated for any particular period of time, to seek a division of assets or parenting orders for children under 18 years, or enter into a Binding Financial Agreement.

In fact, it is often recommended that you discuss with your partner and decide on the division of assets and parenting orders prior to applying for a divorce order.

The Pros And Cons Of DIY Divorce

Now your decision comes down to whether you should do any of these things yourself or whether you should contact a lawyer to help you.

Before speaking with a lawyer, it is worthwhile to consider counselling or informal mediation with your

spouse.

As you would imagine, it is usually far better (and less costly) to reach an agreement amicably rather than by fighting it out in court. It is important to remember, however, that any arrangements you make at this stage may not be legally binding until they are registered as Final Consent Orders with the Family Court or signed off by two independent solicitors in a Binding Financial Agreement.

The Family Court is focused on what is just and equitable and, therefore, will not approve Orders or Binding Financial Agreements that disadvantage either person.

Advantages

The main advantage of a ‘do it yourself’ divorce is that you save money on legal fees.

The Family Court website has Divorce Kits that can be completed online. This is a simple process where there are no children under 18 years and there are minimal assets to divide.

However, if you do have children under the age of 18 years, you will be required to appear in Court. In this scenario, without the assistance of a lawyer to talk you through court procedures and what may be expected of you, it can be a pretty daunting experience.

Disadvantages

The main disadvantage of acting on your on own behalf in a family law matter is the difficulty in reaching an agreement.

Even in amicable separations, emotions can run high which can make coming to an agreed landing on the division of assets, or care of children, virtually impossible.

The benefit of having a lawyer working for you is that they can negotiate in your best interests in an impartial way and advise you on your likelihood of success.

A secondary disadvantage of a ‘do it yourself’ divorce, if you don’t have legal training, is the possibility of facing avoidable mistakes and significant delays.

Lack of familiarity with court documents and processes, particularly when combined with the inherent emotional strain of a divorce, can result in important steps and items being missed and incorrect processes being followed.

You may have all of your required affidavits and documents filled out and witnessed by the correct people, for example, but one missing date or a signature in the wrong place can unexpectedly send you back to square one and needing to start the process from scratch.

If you are on tense terms with your former spouse, making additional arrangements to meet and to re-sign papers can put you under extreme and unnecessary stress and pressure.

In some cases, you may need to contact a family lawyer to help you sort out any errors. Sometimes correcting issues at this late stage can be more expensive than if a lawyer had been involved from the outset.

It is also critical that any agreement you and your spouse reach is registered as Final Consent Orders with the Family Court, or as a Binding Financial Agreement.

If you don’t enter a formal agreement, there is a risk that your ex-spouse can make a claim on your assets many years down the track.

The best way to make sure that you don’t expose yourself to an unnecessary risk of a further claim against your property or assets in the future is to seek legal advice.

The reality is that obtaining a completely lawyer-free property settlement is nearly impossible.

Hybrid Solution

If you are an informed, efficient and motivated person who wishes to the keep costs, anxiety and complexity of your divorce to a minimum, a mixture of ‘do it yourself’ divorce and legal representation may be the answer you are looking for.

To do this, try to resolve as many issues as you can between you and your spouse (such as the division of assets and arrangements for the care for your children), before seeking legal advice.

This strategy will help to keep costs down and will also mean a more successful and harmonious relationship once your property settlement and marriage dissolution have been finalised.

Further Information

To contact a legal professional specialising in family law who will cost out each stage of the Family Court processes (and minimise legal fees) visit:

Legally Yours

Email Karen Finch here for a complimentary consultation and fixed-fee quote; or
Phone 1300 822 708.

For more information on ‘do it yourself’ divorce kits, visit:

Family Court of Australia

Have you, or someone you know, tried a DIY divorce or opted for a hybrid approach? What were your impressions and experiences? Let us know in the comments!

When Can You Rely On Online Legal Documents & Services?

Philip Piletic — Mon, 31 Aug 2015 01:55:29 +0000

It started with changing the way we shop. Then the digital era revolutionised the way we communicate.

Now the internet, technology and innovation are beginning to disrupt the legal industry. With more and more of us venturing online in search of cheaper and faster access to legal services, the legal industry is responding. Both major firms and smaller practices are moving away from the traditional ‘bricks and mortar’ business model.

Digital law firms offering fixed-fee legal services and customisable basic legal documents are becoming the preferred, and much cheaper, alternative to hiring a lawyer in the conventional way.

For young Australians, this opens up a world of possibilities – now your business, entrepreneurial, creative or personal vision does not have to remain a dream. With legal information and services instantly available online, accessing the law and resources needed to make it a reality, has never been easier.

What Legal Services And Forms Are Available To You?

The range of legal services and legal documents offered online for everyday Australians is quite staggering. The Lazy Law offers personal legal templates such as an Australian Will Kit, basic contracts, personal loan agreements or power of attorney that are fully customisable to meet your specific set of circumstances.

For businesses, you’ll find that Allens Accelerate, LegalVision and LawPath provide documents required for forming, running and selling your company, hiring employees or independent contractors, protecting intellectual property and lots more.

In addition to providing free or significantly cheaper legal documents, digital law firms are also providing reduced-cost legal services. This means you can always access and speak with a lawyer about your particular issue.

Are Online Legal Services Right For You?

The answer to this question depends on your specific set of circumstances.

In the case of legal documents, if you have a fairly common issue for which legal forms are required, using a document supplied by an online legal service is a relatively safe bet. Make sure that the documents are written by lawyers, that the legal service has received consistently positive reviews, or has been recognised with awards from independent industry bodies or the media.

If your legal issue is more complex, there is no substitute for speaking with a solicitor specialising in your specific area of law, either using an online legal service or traditional law firm. For example, if you require legal documents or advice on a large company with complex business dealings, or a large personal estate containing diverse assets, it is essential to speak with an experienced legal professional.

Should You Use Online Legal Documents?

If you’re thinking about going the DIY route for legal documents, these pros and cons may help you make up your mind.

Let’s start with the advantages of using online legal documents:

The cost is very affordable compared with hiring a lawyer to draft your legal documents
You do not need legal training or experience. Simply download your required forms and customise them to your needs
Going online is fast and convenient
Most forms are written in plain english and are easy to understand
Many online legal services such as LawPath provide users with access to an solicitor meaning you can ask a question and receive a brief consultation, for either no charge or for a small fee. If you are not sure what you need, you can receive a free legal health check for your business.

Some potential disadvantages of using online legal documents:

Unless you are obtaining online legal services in conjunction with your legal documents, no one will check that the information you provide in your documentation is correct. This could leave you exposed to unforeseen litigation
While there are explanations on most sites of each document’s purpose, it is your responsibility to choose the correct form
Not all online legal services offer reliable legal documentation. It is important to choose a service with a sound reputation, established by a team of lawyers and with a proven track record.

The Bottom Line

Consider the complexity of your legal issue and do your research.

A growing number of Australian digital law firms are providing high quality, reliable and cost-effective legal documents and services. If you choose to download and fill out your own legal documents, but are uncertain about whether you are adequately protected, always to seek professional advice sooner rather than later.

Have you, or would you ever, use online legal services or documents for personal or business matters? Tell us about your experiences in the comments section below!

Further Information

For reliable, cost-effective and efficient online legal advice or documents visit: