Family court fees change on 1 July every year. Understanding how fees changed on 1 July 2026 is important for anyone who is looking to start family law proceedings or have an existing case. Here’s our guide to the latest fees payable by parties and what they may mean for you.
Key takeaways
What changed from 1 July 2026
Sourced from the FCFCOA website.
The fee schedule for the Federal Circuit and Family Court of Australia (FCFCOA) has increased for the 1 July 2026 to 30 June 2027 period. This is governed by the Family Law (Fees) Regulations 2022. The current fees, which are generally paid online before submission, are as follows.
Family court fees when filing
Application for divorce: $1,170 (effective from 1 July 2026)
Application for consent orders: $215
Application as to validity of Marriage, Divorce, Annulment: $1,660
Application for decree as to nullity: $1,660
Initiating Application (for parenting matters or financial orders, final orders only): $455
Initiating Application (for parenting matters or financial orders, final and interim): $610
Initiating Application (for parenting matters and financial orders, final orders only): $740
Initiating Application (for parenting matters and financial orders, final and interim): $895
Response to initiating application (Final): $455
Interim order application/Application in a proceeding (where interim relief is among the orders sought): $155
Issue subpoena: $70
Application under the Trans Tasman Proceedings Act 2010: $155
Filing an application to register a New Zealand judgment: $140
Court event fees
The FCFCOA has two divisions. Division 1 carries on the work of the previously independent Family Court, and Division 2 carries on the work of the former Federal Circuit Court. The fees for court events depend on which division the case appears in. A defended hearing is a contested court appearance before a judge, and the following are the current court event fees for a defended matter:
Setting down fee for a hearing (defended matter):
Div 1: $1,115
Div 2: $820
Daily hearing fee (for each hearing day, excluding the first hearing day):
Div 1: $1,115 (the equivalent hearing fee defended matter amount was previously $1,070 in Division 1 before the latest increase)
Div 2: $820
Conciliation conference: $510 in both divisions.
These fees can be paid before the relevant court service is provided. These hearing and setting down amounts may also matter if a matter proceeds to appeal.
What this means if you're about to file with the Federal Circuit and Family Court of Australia (FCFCOA)
Increased fees may impact how parties choose to pursue their family law matter. For property settlement and parenting arrangements, using mediation to resolve any disagreements can help to keep legal costs manageable, although additional costs may also include lawyer fees, barrister fees, expert reports, and mediation fees. Lawyers practising in family law commonly charge hourly rates of $300 to $700.
Can you get a reduced fee?
You may be able to get a fee exemption for filings related to issues such as parenting and property matters. Marriage nullity and divorce applications cannot be waived entirely. Eligible parties can get a reduced fee in some circumstances, including a divorce application made jointly by a party and a former spouse where applicable. The current fee reductions are the following:
Divorce application: $390 for eligible applicants
Marriage nullity application: $550
Parties with certain government concession cards may be able to get a fee reduction. This includes cards such as:
Health care card.
Pensioner concession card.
Commonwealth seniors health card.
Fee exemptions may also be provided to people who:
Have been granted legal aid.
Are receiving AUSTUDY, ABSTUDY, or Youth Allowance.
Are under the age of 18.
Financial hardship
If you can demonstrate financial hardship, you may still be eligible for a reduced fee. If you are sending documents and fees by mail, payment may also require a credit card payment form. There are three tests you need to pass to show this, which are the following:
Income test. Your fortnightly gross income must fall under specific thresholds, depending on how many dependents you’re caring for.
Asset test. The total value of your liquid assets (cash or convertible shares or bonds) cannot exceed five times the fees you’re seeking to have reduced or waived.
Daily living expenses and liabilities test. Your fortnightly disposable income must fall below a particular level after liabilities and reasonable living expenses have been deducted.
Conclusion
The new fees for family law matters have come into effect. It’s important to understand the updated fee schedule to be able to manage your financial matters effectively. There are options available to reduce or get an exemption from certain fees.
Do you need legal help from a family law firm?
The Ferrall and Co. team are here to assist with divorce, parenting, property and other family law issues. Contact us today for a free consultation to request a call back or advice about filing, fee issues, or appeal procedures under the Family Court Act. In Maroochydore, court documents must be filed via the Commonwealth Courts Portal or at the Brisbane Registry, though in Western Australia online payment and filing arrangements may differ.
