Guest Post - Save Money when your marriage breaks down

Divorce can be emotionally stressful, but it can also place significant financial pressure on both parties involved. This is why more and more people are looking to keep their cash and find economical divorce solutions.

The price tag of a divorce can vary significantly depending on what kind of legal action or approach to divorce that is taken. Different approaches will suit different couples, but if keeping the spend to a minimum is a priority, here are some ways to keep divorce costs down.

DIY
For couples who have simple finances, no children and simply want a divorce finalised, it is possible to do the negotiations and paperwork without the help of a divorce lawyer. An application for divorce kit can be downloaded from the Family Law Courts website, and filed for a fee of $550. Alternatively, there are a number of online divorce applications that offer a simple service of filing the divorce on your behalf online.

Even where property and children are involved, if the arrangements for the children or the division of property is not contentious, parties can agree on a Parenting Plan (in relation to children) or enter into Consent Orders (both property and children). Those documents can be completed without the assistance of lawyers. However if there is any doubt about whether an agreement is appropriate, or any confusion over what Consent Orders mean, it’s wise to get some legal advice.

Court fees can significantly add to costs when there is a dispute concerning property or children's matters. To avoid these costs, Alternative Dispute Resolution is an option for resolving disputes outside of the court room.

Alternative Dispute Resolution (ADR)
When couples solve Family Law disputes outside of the court room they can avoid both the financial and emotional tensions that legal action in the court room can put on both partners and their families. There are different ADR techniques, all of which reduce both lawyer and court room fees by keeping the settlements outside of the court.

The most common techniques are arbitration, collaborative law, mediation and settlement conferences. During arbitration, an arbitrator enters the negotiations to independently assess the situation and deliver an outcome. Collaborative law processes bring together both parties and their lawyers to negotiate and resolve the issues. Mediation allows for a mediator to facilitate a dispute resolution between two parties, whereas a settlement conferences allows both parties, their lawyers and other representatives or experts to come together to negotiate and resolve a dispute.

ADR techniques are significantly cheaper than taking matters to court – and often quicker too. ADR is a smart alternative for couples who believe it is possible to come to an agreement through negotiation.
In the courtroom

If it is not possible for a former couple to resolve property and parenting disputes outside of the courtroom, there are a number of things that you can do to keep court room and lawyer fees to a minimum. Open communication is essential - disclose your assets, answer any questions, and provide all relevant documents. This will reduce the workload and thus fees of family lawyers and make the court room process as seamless as possible. A positive attitude that the litigation process should be as short and painless as possible can also help!

Whether you want to DIY, try ADR or stick to traditional divorce proceedings there are a number of ways to cut down the amount you spend on the legal process following the breakdown of a marriage.
Do you have any further tips for having a cost-effective divorce?

This guest post was a collaboration with Watts McCray Lawyers.