The short answer is “no.”
In fact, an overwhelming majority of matters resolve without having to set foot in a Court room. If you and your partner have separated and are looking to or divide your finances without having to go to Court, you are encouraged to do so.
I have separated from my partner, what should I do now?
My partner and I have reached agreement, do we need a lawyer?
The short answer is “no”, however if you choose not do so your agreement may not be considered “non binding” and be set aside as a result. This could leave you at risk to a greater pay-out in the future.
You may also have difficulties enforcing your agreement if it fails to comply with the formalities that are required.
If you have reached agreement should receive advice to ensure:
My partner and I have reached agreement, do we each need our own lawyer?
The short answer is “no”.
Whilst it is recommended that you both seek independent legal advice you are not necessarily required to do so for the purposes of documenting an agreement. This will depend on the way the agreement is documented.
In any event, a lawyer can only act for one party. Your partner can choose to be self-represented.
If you require any further advice or any further information on the matters discussed in this article please contact our Family & Relationship Law team on 03 5273 5244.
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