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Do I need a Lawyer to get divorced or separated?

It is possible to separate with a Do-It-Yourself Agreement. If your amicability with your partner and your financial situation are suitable for this pathway, we can connect you with resources that can help you with this process.

Even with a DIY separation, you still need to have Independent Legal Advice to certify the fairness of the agreement when you apply for orders from the court.

If your separation is amicable and on good terms, but you need a third party to help you reach an agreement, then you and your partner could engage a qualified professional together to guide the process. The Separation Guide provides this with Mediators who are also legally qualified. This process is called Guided Separation. After mediation, your proposed agreement will receive an independent certification of its fairness.

If your separation isn’t amicable, then both parties should have Independent Legal Advice right from the start. We have independent Lawyers in our network around Australia that we can connect you with.

Even if you start the process with Independent Legal Advice, both parties can contact a Mediator through The Separation Guide to assist in negotiations. This may be necessary if you have children, as there is compulsory dispute resolution required before applications for parenting orders can be sought from the court.

To find out if you need a Lawyer for your separation, complete our 3-minute Q&A.

 

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

A separation guide character parent with their child

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Our 5-minute Q&A explains how separation works and helps connect you with the services you need.

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