You can DIY your separation if you want to and the Department of the Attorney General provides literature to guide you through it.
But there are some very good reasons not to
One: it is quite complicated, and it is important you get it right. It is your financial future after all.
Two: the process is an emotional one and you may find it difficult to negotiate without getting upset or angry. Having an uninvolved third party to negotiate for you may be a lot easier and produce a better result.
Three: what is a fair thing? We have many people come to us with a deal they have worked out between them which is very unfair and would never get through the court process.
Four: what do you include in a separation. Do you go around and put post it notes on everything you want? Do you need to value grandma’s fine china you got as a wedding present?
Five: you can’t divide your superannuation without a super splitting order from the courts which we can organise for you.
Six: If you need to divide your assets you will have to pay stamp duty on any sale (selling the family home for example) unless you have court orders. The breakdown of a relationship with formal court orders means you are exempt from stamp duty.
Seven: Once consent orders are approved by the court they are legally binding. That means you have to follow them to the letter even if they are badly worded or if what you thought they meant is different from what they do mean. So like all legal contracts how they are drafted is very important.