Do you need a divorce lawyer? With legal advice and services becoming more readily available than ever, it may be tempting to consider managing your affairs should your marriage break down. Our Family Law team explains why this process is best left to the experts.
Why you shouldn't DIY your own divorce
Despite the media hype, the divorce rate in Australia has been decreasing since the nineties, with the current crude divorce rate being 1.9 divorces per 1,000 Australian residents. With the Court embracing technology and assisting people to divorce you may consider doing it DIY but there are many facets to consider.
What does "irretrievable breakdown" actually mean?
The only necessary ground for divorce today is that your marriage has broken down irretrievably and there is no reasonable likelihood of you and your spouse getting back together. This ground is straightforward, however, if the circumstances of your separation are not straightforward.A divorce only allows you the ability to end your marriage, it does not:Firstly, provide arrangements for your children;Secondly, a guide to separate your finances; orThirdly, any assistance in dividing your assets.
Additional information for those wondering if they need a divorce lawyer
Even if your circumstances are straightforward and you and your former spouse can agree and communicate you can attempt a DIY divorce, there are a number of reasons why you may need a divorce lawyer. These include matters that involve:Firstly, orders relating to your children or a parenting arrangement; Secondly, orders relating to your finances, assets and property; orThirdly, spousal maintenance orders;or if your relationship has involved:Firstly, domestic violence;Secondly, allegations of abuse and neglect; orThirdly, extreme conflict or power imbalance,This will allow you to understand your rights, protect your interests and provide a more straightforward option than doing it yourself.If you are separated and looking to have it legally recognised, it is highly recommended that you seek legal advice before applying for divorce. To discuss your Family Law matter and find the best option for you, please contact our Sydney Family Law team on 02 9891 6388.
New South Lawyers’ communications are intended to provide commentary and general information. To that end, people should not rely on this communication as legal advice. Accordingly, they should seek formal legal advice for matters of interest arising from this communication.
To find out more, chat with a member of New South Lawyers' Family Law Team today.
