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Accountant vs Lawyer vs DIY: Financial Separation Options in Australia
Many people think they have no options at this difficult time other than seeking legal advice. That is where the Divide approach differs. You and your partner are able to financially separate and have your consent orders approved by the Federal Circuit and Family Court of Australia.
Time is money.
The longer it takes the more it will cost you both.
Divide
Divide provides you guidance and a step-by-step approach to enable you to financially separate in Australia.
As Chartered Accountants, we believe the financial settlement process is one we are best suited to support you through, as it is primarily a financial and administrative process.
We make the process simple by helping you understand and agree on both your current and post-separation financial positions. There are many myths surrounding divorce and financial separation in Australia.
We have helped and empowered many clever couples who see the benefit of not having their shared wealth disappear in expensive, ongoing and unnecessary legal fees.
We are not lawyers and we will not give you legal advice. Don’t feel uneasy if you don’t understand your financial situation – we can help you. More.
Use a lawyer
For some couples using a lawyer makes sense for their situation. There are situations where violence, child custody disputes and emotional and financial abuse are factors.
A lawyer can only act for one party in family law matters. So inevitably, one lawyer for each partner means two lawyers. Lawyers still need to establish the assets and liabilities of the relationship and can spend a significant amount of time and money agreeing this for each party.
Do it yourself
If you are confident in finding, requesting and collating all the financial information required to identify all assets and liabilities of the relationship and put a value on each one, you may be able to prepare and lodge the documents required to financially separate without support. This approach saves money, but may not necessarily save time. You and your partner need to work together to agree and have your agreement formalised by applying to the Federal Circuit and Family Court of Australia for consent orders. You can lodge consent orders and/or an application for divorce yourselves.
Advantages & Disadvantages
Divide
Advantage
- Cheaper
- Quicker
- No need to Interact with other party
- Supported and guided process
- Information collated can be used by lawyers / mediators if agreement not reached
Disadvantage
- Requires both parties to agree to move forward
2 lawyers
Advantage
- Do not have to interact with other party
- Provide legal advice if you need it
- Useful if you have child custody disputes or domestic violence
Disadvantage
- Can be very expensive
- Can be very time consuming
- No guarantee of outcome
- Erodes net wealth pool for division
- Back log in court cases
Do it yourself
Advantage
- Cheaper
Disadvantage
- No experience
- Need to interact with other party
- May take a long time (and be time consuming)
- Outcome may not be fair
