LawTalk Blog

Can I do my divorce and property settlement online and without a lawyer?

property settlement

In response to a socially-distanced world that forced many businesses to move everything online, many are now asking if divorces and property settlements can be done online and without a lawyer.

The short and simple answer is ‘yes’.

However, the real question is whether or not that is the best way of navigating the situation for both you and your family.

Online divorce and property settlements on the rise

COVID-19 changed the world as we know it in many ways. In recent days, we’ve seen an increasing number of apps and websites offering to help people with their divorce and property settlement without a lawyer and all online.

We understand that in many cases where people agree to separate, they’re generally able to work out their property settlement and arrangements for their children by amicable agreement – something that we encourage our clients to do, when possible.  

However, even with an amicable settlement and the convenience of an online service, is this resulting in the best outcome for you and your family? 

The risks of online divorce and property settlements

In our view, there are risks in using online services to take care of this process for you, especially without you obtaining proper and expert family law advice.

These risks include:

  • Not receiving your full and proper entitlements to a property division, a share of superannuation or spousal maintenance payments
  • Needing to have your agreement be formally binding so that the other party cannot breach or withdraw from that agreement in the future
  • Ensuring that arrangements agreed for the care of your children cover all necessary issues both now, and in the future 
  • Being talked into agreeing to arrangements that are not in the best interests of your children or sufficient to support you financially due to your former partner being persuasive or intimidating at the time 

Why do I need a lawyer for my divorce?

We understand that it can be convenient for people to use technology to help them to quickly settle their family law disputes. However, we are concerned to make sure that those disputes are appropriately, adequately and formally resolved so that issues do not arise in the future that may not have been considered at the time that the agreement was reached.

We have an experienced team of Family Lawyers at Andersons Solicitors who are happy to help you to amicably agree on a settlement arrangement with your former partner and to make sure that you receive proper advice at the time about your rights and entitlements and any issues that may come up down the track.

You may wish to also read our earlier blog: Do I need a lawyer to do my divorce? 

Our aim is to make the process as simple and cost effective for our clients as possible. Please contact us if we can help you with your Family Law matter.

Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to Australian Federal and South Australian legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.

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