DIY Divorce Asset Split in Western Australia: Pros and Cons

December 28, 2023    divorcelawyersperthwa
DIY Divorce Asset Split in Western Australia: Pros and Cons

Divorce is an emotionally draining and difficult process. The complexities of which only add to the nauseating process. If turbulent, navigating what belongs to whom can cause unnecessary dispute in an already volatile situation. The property settlement determines how the obligations and assets accumulated during a de facto relationship or marriage are divided. It is perhaps the most important component in a divorce settlement.

In a DIY divorce, couples who decide to split their assets can manage this procedure alone. In an attempt to speed up the process and cut costs, it can be tempting to save money on legal fees. Yet, before you embark on this one-man journey, let’s weigh the advantages and disadvantages. With a decision as significant as divorce, every ounce of information is vital. Know your options – property settlement lawyers in Perth are there for a reason.

The Process of Applying for Property Settlement in Western Australia

For individuals choosing a do-it-yourself divorce asset split, it is crucial to comprehend the procedures involved in Splitting Assets after divorce. This summary gives a general overview of the important steps involved, albeit it is not comprehensive:

  • Initiating the Process

The first stage in initiating the procedure is to formally announce the intention to settle property. This can be done by using a formal document, such as a Form 11 Application for Consent Orders, that outlines the terms of the property settlement.

  • Full Financial Disclosure

Complete financial disclosure encompassing all assets, liabilities, income, and superannuation must be given by both parties. In order to guarantee a just and accurate evaluation of the marital estate, this transparency is essential.

  • Negotiation and Agreement

After financial disclosure, the parties are free to discuss and decide how to divide the assets. This could entail speaking with each other directly, mediating conflicts, or using other techniques.

  • Consent Orders or Binding Financial Agreement

Once an agreement has been achieved, the following stage is to formalize it. Your selections? consent decrees, like a court-sealed “we agree” or an individual contract, a legally binding financial arrangement. Binding financial agreements are private agreements between two people; consent orders are filed with the Family Court for approval.

  • Court Approval

When it comes to Consent Orders, the Family Court examines the agreement to make sure it is reasonable and conforms with the law. The property settlement is completed when the court issues the Consent Orders, if satisfaction is received.

The Pros

  • Cost Savings

DIY divorce’s siren song is saving money. The possibility of financial savings is one of the factors that leads people to choose an asset split during a DIY divorce. Taking a hands-on approach might help people lessen the financial difficulties involved with the divorce process, as hiring legal specialists can be costly. Taking charge appears to be a wise strategy to avoid any financial consequences.

  • Personal Control

Going the DIY route allows parties to maintain personal control over the asset split. This autonomy can be empowering, as individuals make decisions directly impacting their financial futures without relying on external legal counsel.

  • Flexibility in Timing

Say goodbye to the dreadful court calendar! You can dictate the speed of a DIY divorce. Divide your assets logically, free from the shackles of court dates and lawyer appointments. Lessen tension and make room for a more deliberate, comfortable approach to asset allocation.

  • Simplified Process

For couples that are friendly and have relatively simple financial problems, a do-it-yourself method may be a simpler process.

  • Privacy and Confidentiality

Keeping your personal affairs out of the courtroom can be appealing. Many divorces unearth an absence of personal issues, and some find it best to solve them without involving third parties.

The Cons

  • Legal Complexity

The legal difficulties of property settlement following divorce cannot be understated, even with the allure of cost savings. Asset division is specifically governed by legislation in Western Australia, and those who lack legal knowledge could unintentionally ignore important components of their financial status.

  • Hidden Costs and Complexities

Navigating the complexities of family law and property settlement involves hidden costs, even while legal fees are avoided. Unexpected financial constraints may result from filing fees, financial appraisals, and possible legal blunders.

  • Risk of Inequitable Division

A DIY divorce asset split is more likely to result in an unequal allocation of assets. If people don’t completely understand the regulations and what goes into a just settlement, they may unknowingly put themselves in danger.

  • Potential Legal Challenges

Even if you reach an agreement, it might not be legally enforceable. Errors in calculations, omissions of assets, or failure to comply with legal requirements can leave the agreement vulnerable to challenge in court.

  • Overlooking Hidden Assets

Lawyers are prepared to do in-depth research on financial concerns. You run the danger of undervaluing some marital estate assets or overlooking hidden assets if you lack experience, which could result in an unequal distribution.

  • Inadequate Documentation

In any divorce asset division, accurate paperwork is essential. Do-it-yourself endeavors may lead to badly prepared or insufficient documentation, which could cause delays or issues in the legal procedure.

  • Risk of Unfair Outcomes

Without legal assistance, ensuring a fair and equitable asset distribution can be difficult. It’s possible to ignore or misunderstand elements like premarital assets or contributions made during the partnership. These kinds of minor differences can cause one partner to receive a much lower portion and increase resentment or sorrow.

The Benefits of Partnering with a Property Settlement Lawyer in Perth

Enlisting the expertise of a property settlement lawyer in Perth can offer invaluable benefits:

  • They handle the legal nuances, making sure you are aware of your rights and responsibilities.
  • They work to ensure a just and equitable property settlement by standing up for your best interests.
  • They relieve you of the emotional strain of negotiating so you can concentrate on getting better.
  • Their experience typically speeds up the procedure, reducing costs and time spent on lawyers.
  • They make sure your contract is enforceable, shielding you from potential legal problems.


Many people can be left reeling from the pain of divorce, dealing with a plethora of practical and emotional obstacles. Remember that both your emotional and financial stability are in jeopardy. Although doing things on your own has its benefits, seeking expert help is sometimes highly recommended due to the legal implications involved in the process of applying for property settlement.

Ultimately, how assets are divided in a do-it-yourself divorce is a personal decision. But it’s important to make an informed decision and balance the substantial dangers against the possible rewards.

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