Obtaining legal advice early can provide you with clarity about your rights and a better understanding of the potential risks, even if you decide not to engage a lawyer for the hearing itself. Although you don’t need a lawyer to get a divorce, appear in court or negotiate children or property settlements, making informed decisions from the outset can make all the difference.
Many family lawyers in Australia offer initial consultations for free or at a small cost, depending on the lawyer and the nature of your matter. In some cases, this one-off conversation can save you from costly mistakes later on. If you are eligible, you can also access free or low-cost advice through Legal Aid or a community legal centre.
How does self-representation work?
If you choose to represent yourself in family court, you will be referred to as an unrepresented litigant. This means you are managing your case without a lawyer representing you. While the court recognises your right to self-representation, it does not come with any special allowances or shortcuts.
When you elect to self-represent, you are expected to follow the same rules, meet the same deadlines, and uphold the same standards of conduct as a qualified legal professional. This includes everything from filing documents correctly and preparing your evidence to presenting your case in court and responding to the other party. If you self-represent, it is your responsibility to understand court procedures, comply with the law, and present your case in a way the court can consider.
Self-representation might not save you that much money
Fees for legal representation are not the only fees to consider when going to family court; filing and application fees apply regardless of whether you have a lawyer.
From 1 July 2025, the fee to file for divorce is $1,125, or $375 if you are eligible for a reduced fee. If you are applying for parenting or financial orders, the filing fees depend on the type of application you are submitting. An Initiating Application (Parenting and Financial Orders) and Interim order attract a total fee of $860, which includes $710 for the application and $150 for the interim order. If you are applying for only parenting or only financial final orders, the base fee is $435, plus an additional $150 if interim orders are also sought, for a total of $585.
These fees serve as a starting point, and additional costs may be incurred for subpoenas, court appearances, or further applications. If you hold a valid government concession card or can demonstrate financial hardship, you may be eligible for a reduced divorce application fee.
Why getting the settlement right matters
A fair settlement is not just about reaching an agreement; it is about making sure that the agreement reflects your legal entitlements, protects your interests, and is enforceable. This becomes especially important when the agreement involves significant assets, financial resources, or future obligations.
Without legal advice, it is easy to overlook details that carry long-term consequences. This includes superannuation, jointly held debts, tax implications, or financial ties to a former partner’s business. If your former partner owns or operates a business, there may be risks or liabilities you are unaware of, such as unpaid tax, undisclosed debt, or personal guarantees. Without proper protections in place, you could be exposed to financial risk that continues long after separation.
Informal or rushed settlements often overlook these risks. They may also undervalue contributions, overlook key assets, or lack the legal certainty necessary for enforceability. Once finalised, an agreement is difficult to undo and may lock you into terms that place you at a disadvantage.
Agreements can be formalised through Consent Orders, which are approved by the court and are legally enforceable. Agreements can also be formalised through a Binding Financial Agreement, which can be made before, during, or after a relationship but must meet strict legal requirements to be valid.
Your responsibilities if you represent yourself
Self-representation in family court requires more than just showing up on the day. You are expected to prepare thoroughly, understand court procedures, and manage the demands of your case under pressure. While court staff can help with procedural questions, they cannot provide legal advice or guide you on how to argue your case.
This includes researching relevant laws, preparing and filing documents, and understanding the applicable court fees. You must also collect evidence to support your case, which may involve sourcing financial records or arranging expert reports. When it comes time to present your case, you need to be confident in addressing the courts, questioning witnesses (in final hearings), and responding to the other party’s submissions.
Key responsibilities if you are representing yourself include:
- Prepare, file, and serve documents in a timely manner.
- Understand court fees.
- Gather and organise supporting evidence.
- Present your case clearly to the judge or registrar.
- Follow all court rules, procedures, and directions.
- Comply with court orders.
- Be able to reference documents accurately during the hearing.
At all stages, you must remain well-organised and ready to manage your matter. The court holds self-represented litigants to the same standard as lawyers and expects all participants to contribute to the fair and efficient conduct of proceedings.
Is self-representation right for you?
Representing yourself in family court is a significant responsibility, and it is not the right choice for everyone. Before making this decision, carefully consider whether you have the capacity, both practically and emotionally, to manage the demands of the process.
Ask yourself:
Do you have the time to prepare? Handling your own matter requires a considerable investment of time. You will need to read and understand relevant laws, draft documents, gather evidence, and prepare for hearings.
Do you feel confident speaking in court? Presenting your case before a judge or registrar can be a stressful experience. You will need to clearly express your position, respond to questions, and remain composed, even under pressure.
Can you research and understand legal processes? Family law is complex, and self-represented litigants are expected to follow the same rules and procedures as a lawyer. This includes understanding the law that applies to your case and knowing how to comply with court directions, timeframes, and evidentiary requirements.
Can you remain objective in emotionally charged situations? Separation and parenting disputes are often highly emotional. Being able to focus on facts, stay respectful, and keep your emotions in check during negotiations or court hearings is essential for managing your case effectively.
You may not need to go to court
Although every divorce application requires a court hearing, there are many ways to negotiate property and children’s settlements without going to court.
Family Dispute Resolution (FDR) is a process that supports parents in resolving disagreements about their children’s care and living arrangements without the need for court involvement. It is focused on helping separated parents communicate, reach mutual agreements, and reduce conflict in a safe and structured environment. Unless there is an exemption, such as family violence, risk to a child, or urgency, attending FDR is a required first step before applying to the court.
If an agreement is reached, parents can record it in a parenting plan. While parenting plans are practical and flexible, they are not legally enforceable. To make the agreement binding, you can apply to the court for consent orders, which become parenting orders, that are legally binding decisions made by the court and are enforceable.
Can you engage a lawyer later?
A lawyer can be engaged at any time during the process. However, the earlier you seek legal advice, the better positioned you will be to avoid procedural errors or decisions that could be difficult to undo. Even if you do not plan to have a lawyer represent you in court, speaking with one early on can help you understand your rights, clarify your options, and reduce the risk of costly or irreversible mistakes.
Understand the risks
Choosing to represent yourself in family court may seem manageable at first, but it carries risks that are not always obvious until much later. The emotional strain of separation, combined with the demands of court procedure, can make it challenging to stay objective and avoid costly decisions.
For example, moving out of the family home without first getting legal advice might affect your position in future property negotiations. Failing to keep a clear and accurate record of your finances or assuming you will be able to access documents later can make it harder to prove your case. It is also important to remember that anything you say or share, whether in a text message, email, or even in a private conversation, could be used as evidence against you.
Keeping a fact-based diary can also be a helpful way to stay organised and record key events, especially in parenting matters. Be mindful that the court may review anything you write, so focus on dates, times, and factual observations, avoiding emotional commentary or personal opinions.
Taking simple, practical steps early on can make a real difference. Before you separate, keep copies or photographs of key documents such as bank statements, tax returns, and superannuation records. These small actions can help protect your position and make it easier to manage your case as it progresses.
Support is available if you can’t afford legal services
If you are in New South Wales and cannot afford a private lawyer, there are free and low-cost services available to help you manage your family law matter. Legal Aid NSW provides legal advice, assistance with documents, and, in some cases, court representation for eligible individuals. You do not need to be receiving Centrelink or other government payments to qualify, and help is available across a range of family law issues.
Legal Aid NSW also offers self-representation resources, which include guides to preparing affidavits, sample court forms, videos explaining what to expect in court, and tip sheets on evidence, cross-examination, and courtroom behaviour. These tools are designed to help you prepare for each step of the process and understand your legal obligations.
In addition to Legal Aid, Community Legal Centres (CLCs) across NSW provide free legal advice and support, particularly to individuals facing financial or social disadvantage. CLCs can assist with understanding your options, reviewing documents, and helping you prepare for court, though they do not typically provide ongoing representation.
Why legal advice matters, even if you represent yourself
Family law is not just about resolving the issues in front of you; it is also about protecting your future. A trusted and experienced family lawyer brings not only legal knowledge but also the foresight to identify risks you may not have considered and the skill to help you avoid costly mistakes.
Even if you choose to represent yourself, seeking early advice from a family lawyer can provide the clarity, strategy, and confidence needed to move forward with greater certainty. When your children, finances, and long-term stability are at stake, expert guidance is a safeguard.
