With the rise of DIY divorce platforms promising cost-saving alternatives to traditional legal services, many separating couples are opting to go without a lawyer. While these tools might seem convenient and affordable, there are significant risks involved when navigating the legal landscape without expert guidance. Here's why working with a qualified family lawyer remains crucial for protecting your rights, especially when your financial future is at stake.
Complexity of Property Settlements
Dividing assets such as property, superannuation, and investments can be legally intricate. DIY platforms often lack the personalised advice needed to ensure that both parties are aware of their entitlements. Lawyers provide an essential role in assessing the value of assets, identifying hidden assets, and negotiating a fair division, especially in cases where one partner may be disadvantaged.
Without proper legal advice, you risk agreeing to a settlement that could leave you financially vulnerable.
Superannuation and other hidden assets
One of the most frequently overlooked aspects of DIY divorce is the division of superannuation. In Australia, super is treated as a marital asset, but it requires detailed knowledge to value and divide it correctly. A family lawyer can ensure that superannuation is properly included in the asset pool, which is something online platforms may not effectively address.
Without professional assistance, it's easy to miss complex assets like superannuation, shares, or investments. You can read our article on Understanding superannuation during a divorce or separation via the link.
Potential oversights
Even with a platform designed to simplify the process, family law is far from straightforward. Issues like filing deadlines, correct legal terminology, and adherence to Court procedures can lead to delays or errors that might have long-term implications. A lawyer ensures that all legal documents are correctly prepared and submitted, saving you time and potential complications later.
The smallest mistake could result in your application being dismissed or delayed, costing you more in the long run.
Tailored advice and advocacy
Every relationship and financial situation is unique, and while online platforms offer standard templates, they can't provide tailored legal advice based on your specific circumstances. A family lawyer takes the time to understand your needs, negotiate on your behalf, and ensure the outcome is fair and sustainable.
Lawyers can advise on issues that DIY platforms overlook, such as tax implications, spousal maintenance, or debt management.
Protecting your future
A significant benefit of working with a lawyer is ensuring that your assets and financial future are protected from any further claims by your ex-partner. This protection could be jeopardised if proper disclosure of assets isn't made or if mistakes occur during the DIY process. Without legal advice, you might unknowingly leave yourself open to future disputes or claims that could have been avoided with legal guidance.
Emotional and legal support during a stressful time
Divorce is emotionally challenging, and without professional guidance, it can become overwhelming. Lawyers are experienced in navigating the complexities of both the legal and emotional aspects of divorce. They also act as a buffer in negotiations, helping to keep things civil and preventing unnecessary conflicts, which can be exacerbated when emotions run high.
By having a lawyer, you are supported through the process, ensuring decisions are made logically rather than emotionally.
Avoiding costly mistakes
While DIY divorce platforms may appear to save money upfront, the potential cost of correcting mistakes or pursuing legal action after an unfair settlement can far outweigh the initial savings. An experienced lawyer can provide advice on key financial issues such as superannuation, business ownership, and spousal support, ensuring that you're financially protected in the long term.
It's more cost-effective to get it right the first time with a lawyer's help than to fix costly mistakes later.
Legal protections for domestic violence survivors
For those experiencing domestic violence, there are legal protections available through the Courts that are not accessible via DIY platforms. A lawyer ensures that you are aware of these protections and can assist with applications for intervention orders, custody arrangements, and financial support.
If you are in a vulnerable position, relying on a platform without legal support could jeopardise your safety.
Conclusion: Safeguard your future with professional legal advice
While DIY divorce platforms may seem like an affordable option, the risks of navigating the process without expert legal advice can far outweigh the benefits. At Mellor Olsson, we provide tailored, cost-effective solutions that protect your financial and legal interests. Whether you need help dividing assets, navigating complex superannuation arrangements, or finalising children's care agreements, our family law team is here to guide you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
