We’ve previously spoken about the different marriage regimes.
It is no surprise that the covid-19 pandemic has left some residual damages to finances and disruption to family life, which has ultimately led to an increase in divorce cases. We will unpack the topic of divorce, which seems to, unfortunately, become a buzzword, in more detail. What do you know about DIY divorce?
The pandemic which ultimately resulted in a worldwide lockdown saw the rise of Do-it-yourself (DIY) projects spring up, this has caused a wave of people wanting to try new projects. Though this may seem exciting, one thing that might not be as exciting is, what is informally called a DYI divorce.
What is that you may ask? This is the process of getting a divorce without attorney representation. While this is possible. It is always good to consider the pros and cons of a Do-it-yourself divorce:
Pro’s
- You can get forms from your local magistrate court This process can work only if the divorce is simple and uncontested.
- This process can also cost you less money. This might seem attractive because at first glance you may immediately think about cutting down the cost of upfront legal fees and fees for hiring a lawyer.
- If the divorce is not contested and both parties settle on all agreements about assets, property, custody of children, child, spousal support, legal decision-making for the children, etc., this process can conclude in just four to six weeks provided there are no disputes.
Con’s
- DIY divorce can work only if the divorce is uncontested, and all parties involved agree beforehand.
- It can be more costly – while at first glance DIY divorce seems less expensive, you could end up paying way more in the long run, however, as it can take a long time in court to fix any errors or omissions from your agreement, which could put you in a difficult situation.
- You can be unaware of your ignorance. If you have never gone through a divorce, you might not be aware of some of the frequent problems that might come up and how to perhaps avoid them from becoming conflicts in the future. You can be guided through these concerns by a skilled divorce lawyer or mediator to make sure you are aware of all your alternatives.
- If you and your partner decide to manage your divorce independently, you might be passing up practical possibilities that could lead to a better result. You and your spouse can negotiate the terms of your divorce without much judicial intervention through collaborative divorce and divorce mediation.
- It can be quite risky to represent yourself in your divorce if you are unsure of the required court procedures. You are at the whim of your spouse if you divide property or an asset improperly after a divorce judgment has been filed since it can be difficult to reverse.
- It might result in an unjust outcome. DIY divorces can provide one spouse with an unfair advantage over the other. Even if you come to a reasonable agreement, you might not be getting all the benefits you are entitled to. To guarantee that you are receiving a fair conclusion from the divorce, you might want to engage the aid of an attorney if there is a sizable disparity in income or if there are children involved.
Getting a divorce is not an easy process and trying to do it yourself might prove to be very daunting. When things go well, DIY projects may be incredibly fulfilling. But some tasks are best left to the experts. If you are considering getting a divorce, we strongly advise you to, at the very least, have an attorney review your documents before filing if you intend to pursue a divorce but would prefer not to employ an attorney.
Contact us for a consultation by either calling, texting, or sending an email to 012 012 5817 | 064 669 1974 | info@mashitishoattorneys.co.za
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