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How to Conduct a Do It Yourself Divorce? E-mail
"It may be wise to seek legal and/or financial advice but there are ways for you to act for yourself when seeking a divorce."
A Do it Yourself Divorce is completed without using a lawyer.

DIY is Common Today

The large stores have entire sections devoted to DIY or Do It Yourself items. And the DIY theme has spread to many other areas of life as well. Once upon a time lawyers virtually ruled in the legal business of buying and selling property. Today there are conveyancing firms and there are even kits for those who wish to do things themselves.

And so it is with divorce; it may be wise to seek legal and/or financial advice but there are ways for you to act for yourself when seeking a divorce. If nothing else, it could save you a large amount of money.

It's interesting to see a trend developing. According to Chris Dimock, principal of Dimocks Family Lawyers, "In the majority of cases where there are no children under 18, the divorce is done without the assistance of lawyers,". Others have done it and so can you.

DIY Kits

Your choice basically is a DIY kit from a commercial entity, usually a firm of lawyers, or from a publishing house or from the court itself. Remember there are two courts able to hear your application for divorce, viz., the Family Court and the Federal Magistrates Court. Costs and procedures may vary slightly but the result is the same in terms of obtaining a legal end to your marriage.

There is a range of DIY Kits from commercial organizations with some of the contacts listed below. As the suppliers themselves say, going it alone does have potential pitfalls. In the basic granting of a divorce there is not a lot which can come back and bite you.

But when it comes to division of property, access to children and payments for childcare, you would be well advised to consider legal and financial advice from the professionals.

You can obtain a kit from Aussie Divorce Services.

There are many DIY Kits and your local Legal Aid office can make recommendations. Compare prices and be sure the kit covers your basic application. If children and property issues are complex and you intend to hire a solicitor, there is no need to buy a kit which covers those more detailed matters. If you only require the bare bones, only pay for that.

If you decide to take action using a kit, obviously you need the kit and the court itself can provide you with the necessary forms.

Stay At Home

It is not even necessary for you to attend court. Divorce can be stressful at the best of times but with on-line completion of the paperwork and payment via credit card on secure servers, you can complete the necessary work and never leave your home.

Something of a comfort for those who may need to travel long distances and who don't want to face their soon-to-be ex.

Tips On Saving Money

Research can only help. The Internet has an abundance of web sites devoted to divorce and to those wishing to handle their own affairs. Spend time reading advice to see what is on offer. If you have a friend or someone you trust who has been through a divorce, don't be afraid to ask about their experiences. The better prepared you are at all stages, the easy it should be and certainly the cheaper it will be.

Just remember to stick with local web sites, that American lawyers may be called attorneys and overseas advice may not apply to your case here in Australia.

Incidentally, a lawyer with a client who can present a potted history of any and all negotiations, offers, meetings etc is better able to represent you in less time.

DIY the tricky bits too. Having just said that professional advice should be used if there are children and property issues to be negotiated, you should consider doing as much preliminary work in these areas yourself. Go DIY.

If you and your spouse through formal or informal mediation can thrash out an agreement on the kids and the superannuation, the house and pets, etc., the time spent in court can be dramatically reduced. On top of that you won't require a barrister to argue your case - think up to $5,000 a day plus GST - and you will save some serious money.

So often a contested divorce will greatly reduce the assets to be divided and the only winners are the lawyers. Try and avoid this at all costs.

You should use a solicitor to represent you for the formal agreements in court but having sorted out the split in a DIY situation, the cost savings could be substantial.

Belt and Braces

Maybe you'd like to use a DIY Kit but have an anxious moment or two. There are courses available for people who wish to handle their own divorce. In a class of fellow would-be divorcees, you learn the procedures and of course get to ask questions. The course is not as expensive as a one to one appointment with a lawyer and you're in the company of like-minded souls. You can discover if there's a class in your area by asking local law firms or by going on-line and using a search engine. One example of such a course was held by the Albury Community Legal Service in Albury, New South Wales.

There are many aspects to divorce. You may even be in a de facto relationship and require assistance with division of property or access to children. Again there are kits if you wish to handle your own legal situation.

Prices vary but as there are so many competing groups, usually lawyers, offering DIY Kits, the prices are not expensive - a basic divorce application kit can be less than $50 - and you will not be out of pocket if you go it alone.

Here are additional resources you might be interested in:

How much does it Cost to Hire a Divorce Lawyer in Australia?

How to Get a Divorce in Australia

Divorce Statistics in Australia

If you plan to get a divorce in Australia, the Aussie Divorce Services can guide you.

If you're on the verge of having a divorce, read this to Save Your Marriage.
 
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