The cost of divorce in Australia depends on various factors beyond the application for divorce itself. You have multiple things to consider, including legal representation, mediation, and financial settlements. Court fees are governed by the Family Law (Fees) Regulations 2022, which outlines the costs associated with filing and processing divorce applications through the court system.
The divorce fee rates in Australia are indexed to inflation and increase yearly. Let’s explain what you can expect to pay for a divorce in 2025.
How much is the cost for divorce in Australia? (Filing Fee)
A party seeking a divorce must apply with the Federal Circuit and Family Court of Australia. This also applies to couples who were married overseas, provided they meet residency requirements. How much does a divorce order cost? The rate for filing a divorce increased by the following:
1 July 2023: $1060
1 July 2024: $1100
Decree of Nullity
If your marriage is found to be invalid, it may be annulled. The rate of filing a decree as to Nullity increased by the following:
1 July 2023: $1505
1 July 2024: $1560
Download our FREE Divorce Checklist for more information on what to do next.
What does it cost to produce a marriage certificate?
You will need your certificate of marriage to proceed with a divorce application. If you have misplaced your certificate, you can apply for a replacement for the following expense:
Official certificate of marriage (standard postage fees included): $54.40
Urgent application: $32.20
What are the costs associated with parenting and property arrangements?
Divorcing individuals often need to consider how they will handle parenting and property. Organising these matters in a legally binding way will attract costs. Consent orders are typically the most cost-efficient method for these arrangements. Mediation fees may also apply when resolving disputes before formalising agreements through mediation or the court.
Consent orders
Consent orders can be used to finalise financial, parenting, and living arrangements. The costs associated with it are the following:
1 July 2023: $195
1 July 2024: $200
What are court order filing fees?
A court order may be necessary to formalise parenting arrangements, property division, or spousal maintenance. At times, a party to a divorce order may feel the need to apply for orders without the consent of their ex partner. The orders can be granted on an interim or final basis.
Interim orders can be critical for individuals involved who require immediate action before final orders are determined. A court filing fee is generally required when submitting such applications, which can vary depending on the nature of the orders sought.In some cases, seeking interim orders can help protect assets or children from actions by an uncooperative ex partner during proceedings.
The costs of legal applications include the following:
Initiating Application (Parenting OR Financial, Final only): $425
Initiating Application (Parenting OR Financial, Final AND Interim): $570
Initiating application (Parenting AND Financial, Final only): $695
Initiating Application (Parenting AND Financial, Final AND Interim): $840
Interim order application/Application in a case (Parenting AND/OR Financial): $145
Fee exemption
These exemptions aim to reduce the financial strain experienced by each person navigating separation and family court matters.
Pro tip: Determine your eligibility for a fee waiver or reduction. This may involve compiling financial resources to show financial hardship.
In certain circumstances, you may be eligible for a reduced rate or waiver when making an application. The Court provides for people who meet specific criteria. Those holding certain government concession cards may be exempted from some costs. You may be exempted from payment if you are:
The primary cardholder (not a dependant of a primary cardholder) of a health care card, pensioner concession card, or Commonwealth seniors health card.
Granted legal aid for the proceedings the rate is for.
Receiving youth allowance, Austudy or ABSTUDY payments.
Under the age of 18.
An inmate of a prison or otherwise legally detained in a public institution.
If you don’t satisfy the above criteria, you may still be eligible for a reduction if you demonstrate financial hardship. They assess financial difficulty through three tests, which may also consider care arrangements impacting your financial situation.
Financial hardship tests
If you don’t meet the above criteria, you can still receive help if you’re experiencing financial hardship. Each person’s eligibility is assessed individually, taking into account unique financial and caregiving responsibilities. The Court determines financial hardship through a series of tests. These tests are:
The income test
The assets test
The daily living expenses and liabilities test.
You may also be eligible for support based on your specific living or caregiving circumstances.
Income test
The income test is applied to your gross income. The test considers income you may receive from numerous sources, including:
Employment income – wages, salary, and self-employment income.
Employer provided fringe benefits.
Rental income.
Paid Parental Leave.
Lump sum payments such as redundancy, leave or termination payments.
Foreign income.
Income from financial investments such as bank accounts, managed investments and shares.
The party’s number of dependants affects the income allowable under this test. The table below shows how the number of dependants affects the income permitted by this test.
Assets test
The assets test considers your cash, convertible shares or bonds, and investment property. To satisfy this test, the value of these liquid assets must not exceed five times the fee in question. For example, if an individual is applying for a consent order, the value of their liquid assets cannot exceed $975 (5 x $195).
Daily living expenses and liabilities test
You may still be required to pay the full rate if your surplus fortnightly income exceeds a certain level. Your surplus income is considered your income after covering all reasonable daily living expenses. These expenses can include things like Austudy payments, process server expenses, and the following:
Food
Rent or home mortgage payments
Credit card debts
Other loan or lease repayments
Electricity
Phone(s)
The costs of running a motor car.
The allowable surplus income under this test with respect to relevant expenses is the following:
Filing fees (maximum allowable surplus income)
Application for consent orders: $200 ($100)
Application for declaration of validity: $1,560 ($780)
Initiating application (children and financial): $695 ($345)
Initiating application: $425 ($210)
Response to initiating application: $425 ($210)
Notice of appeal: $1,665 ($830)
Daily divorce hearing fee (for each hearing day, excluding the first hearing day): $770 ($385)
Setting down for hearing fee (defended matters): $770 ($385)
Conciliation conference: $480 ($240)
Subpoena fee: $60 ($30)
Interim application: $130 ($65)
A reduced fee
Rates for a divorce application and a decree of nullity application cannot be waived entirely. However, you may be able to receive a reduced fee. As of 1 July 2024,the reduced fees are as follows:
Application for divorce: $365
Application for decree as to Nullity: $520
What are your legal fees?
When going through family law matters, such as parenting arrangements, seeking advice from a lawyer is recommended. A family lawyer generally offers a rate for many family issues. So, what are the divorce lawyer rates involved with legal representation? Payment options may include using a pre-paid debit card or leveraging a government concession card to potentially reduce the fee.
Here are some divorce lawyer cost approximations to give you an idea of what you could expect to pay.
Joint application divorce fees application: $1000
Sole applicant divorce fees application: $1500
Parenting/property consent: $1500-$2000
Combined parenting/property consent: $3000
Preparing a financial agreement (with legal advice and certificate): $2000
Providing independent legal advice and certificate: $1000
Financial disclosure and property settlement negotiation: $3000
Family dispute resolution support: $1000
Initiating application or response to application (parenting and/or property: $5500-$6000
In some cases, fees can be higher if the matter proceeds to court rather than being resolved through negotiation or mediation.
Pro tip: Speak with your lawyer. A reputable firm such as Ferrall and Co. will work with you to understand your financial circumstances and develop a suitable legal strategy.
If you’re concerned about these average prices, don’t feel that you’re without options. An effective lawyer will be able to create a strategy that meets your budget. This begins with an initial consultation so the firm can understand your case.
Work with your lawyer to assess your legal priorities to maximise your lawyer’s assistance. This should include prioritising cost-effective dispute resolution opportunities where possible. You can then determine an appropriate fee structure.
Explore flexible payment options such as a payment plan with periodic instalments. Review how the case is progressing regularly so your lawyer can identify potential additional costs early. Be open to adjusting your strategy to manage ongoing expenses.
How lawyers charge for divorce proceedings
Lawyers can also advise whether your matter can be resolved outside of court, potentially reducing costs. Each divorce lawyer will charge for their services in different ways. Some offer a fixed-rate package, while others may charge an hourly rate. Both can have their pros and cons.
Fixed rates
In matters that remain out of court, fixed rates can offer financial certainty. Fixed rates can provide clients with a sense of security, knowing how much a divorce process will cost upfront. This will help with budgeting for the divorce cost in Australia. This can also add to the trust between the client and the lawyer.
Clients may feel more at ease with financial transparency and predictability when legal fees are clearly outlined.
There are also potential drawbacks to fixed fee arrangements. Family law matters can be unpredictable and involve various complexities. A package may not adequately cover the work necessary for the case.
Hourly rate
An hourly rate can cover a lawyer’s services more comprehensively. Fixed fees only work when the lawyer can clearly predict the likely workload. Many cases are not straightforward. Every case has its own quirks that require individual attention.
An hourly rate allows a family lawyer to adjust their service as needed. It also provides clients with a more detailed breakdown of the work completed by their lawyer.
An hourly rate can also make expenses less predictable and lead to other costs accumulating quickly. This can lead to higher client stress as hourly rates may stretch their budget beyond what’s sustainable.
This flexibility can support a more tailored approach to achieving a fair outcome in complex divorce matters.
This can be especially important in high-conflict situations where one’s ex partner may not be cooperative, and detailed legal support is necessary.
How are divorce costs split?
If a divorce order has already been granted, the division of legal expenses may depend on prior agreements between both individuals. There are various expenses associated with proceedings. Each person may incur lawyer’s fees, filing fees, and more. How should these expenses be divided between divorcing spouses?
If a party is pursuing a sole application, they will typically be expected to cover the other costs of divorce. A joint application form may allow both individuals to agree on sharing the filing fee.
Legal expenses are usually covered by the other party receiving the service. However, other services bring both individuals together under the same roof. Individuals may be required to undergo counselling or a mediation process to satisfy certain requirements. The fee for these sessions can be split between the former partners by agreement.
How are divorce settlements taxed?
Pro tip: Make a formal, legally binding property settlement to avoid capital gains tax on asset transfers.
In property settlements during a divorce, it’s important to understand the tax implications.
Transfer of property
Divorcing couples may qualify for a CGT marriage or relationship breakdown rollover. Any property transferred between the former spouse is not subject to capital gains tax.
However, this only applies to property transferred through a court order or binding financial agreement. Informal agreements on property arrangements aren’t eligible for the rollover.
Transfer of real estate
In certain circumstances, transferring the family home between spouses can be exempt from CGT through the main residence exemption. This exemption is predicated on the following conditions:
The home was the primary residence for you, your former partner and any dependants for the entire period you owned it.
You didn’t use the residence to generate income. That is, you didn’t run a business from home or purchase the home for the purpose of flipping it for a profit.
The house is on 2 hectares or less.
Spousal maintenance
Pro tip: Consider options for child support and spousal maintenance. This financial support can be crucial for ex-partners with financial concerns.
Spousal maintenance can be a crucial part of a property settlement. However, this financial support forms part of the receiving party’s taxable income. Maintenance is tax deductible for the paying party. Child support and custody payments are not tax deductible and are not considered part of your taxable income.
Superannuation
There isn’t any tax payable on superannuation when it’s split for a property settlement. The total cost and tax implications may vary depending on the party’s circumstances, especially once the superannuation reaches the retirement phase.
Paying for legal representation
Personal savings
Some clients choose to temporarily reduce discretionary spending, such as at retail outlets, to manage their legal costs more effectively. If you have sufficient savings, you can use that to cover legal expenses, provided you are not sacrificing other essentials. You may be able to mitigate the financial impact on your savings by organising a manageable payment plan with your lawyer. For example, some lawyers will defer payment until after the close of the case.
Family loan
You might consider approaching a family member for financial assistance. This is a risky option because it can create complications in your relationship. To make it work, it’s vital to maintain open communication and clearly document in writing how much money is being loaned and how it will be repaid.
Personal loans
Personal loans are a common way for people to fund their legal costs and are fairly simple to apply for. They can be secured or unsecured. Unsecured legal fee loans don’t require the borrower to provide security for the loan, although they typically have a higher interest rate to cover the risk taken on by the lender.
Borrowers pay back these loans over a time limit that can extend for months or years, depending on the loan size. If your superannuation is disputed, the court may require an actuarial valuation or expert financial report. Lenders assess borrowers by the strength of their credit score and income stability.
JustFund
JustFund is an innovative new fintech company providing alternative financing options to traditional lenders. As a credit provider, they focus entirely on supporting clients. Other lenders will provide a loan and leave the borrower to handle repayments with interest accruing over the life of the loan.
As opposed to a loan provider, JustFund offers a line of credit that can be used to cover legal expenses for property and parenting matters. Borrowers don’t repay anything until the completion of their divorce settlement. The repayment is taken from your property entitlement and you only repay the funding you used. You’re not saddled with a loan obligation that lasts months.
JustFund’s team is staffed by experienced family lawyers who are intimately familiar with legal financing needs. They ensure your funding is suited to the specifics of your case so your finances are managed as efficiently as possible. Poor credit or financial insecurity is no barrier to getting approved. Applicants may still be eligible for support even if they’ve been denied funding elsewhere. JustFund wants to help you secure a healthy financial future.
Ferrall and Co. are a proud JustFund partner, and we’ll work to ensure you can access critical funding when you most need it.
How we help
Ferrall and Co. is committed to providing high-quality and affordable legal assistance to Caloundra residents. Our clients have spoken loud and clear about the benefits they’ve received.
Rowena and her team were absolutely amazing and went above and beyond for me and my daughter. They sorted out my family matter in a very timely manner and very well priced.
- Kayla McGrath
Rowena and her team at Ferrall & Co went above and beyond to help me achieve what no other firm I previously engaged were able to do. Not only that, it was achieved in a timely and cost-effective manner in comparison, with clear and effective guidance throughout.
- James Walker
Our ability to achieve positive results cost-effectively comes down to a few fundamental principles. We put in the extra effort to deliver successful outcomes for each person involved, whether the matter relates to divorce, property under one roof, or the asset pool. This approach allows us to work efficiently and reduce the time required to settle a case, ultimately saving our clients money on court and family law fees.
We communicate in a clear and concise manner, enabling clients to make informed decisions sooner. Our team will guide you through the entire process from lodging your divorce application to resolving financial matters while keeping you updated on current fees and available options such as legal aid. For further information, please don’t hesitate to reach out.
Conclusion
Before starting a divorce application, it’s vital to understand the overall cost of divorce in Australia, including court fees and other family law fees. Family law cases can carry a significant financial burden, especially as court costs typically increase each year with inflation.
This updated guide offers a comprehensive overview of the current filing fee structure in the Family Court, helping you navigate the financial aspects of court and family law proceedings with clarity.
Need help with your divorce? Get a free 30-minute consultation from Ferrall & Co. Lawyers. Contact us for assistance.
It’s also crucial to understand the court fees and family law fees associated with engaging divorce lawyers, whether you’re filing a joint or sole application. While our approximations provide a general idea of potential costs, it’s important to seek legal advice for a quote tailored to your specific circumstances, especially if your case involves financial matters or disputes over divorce papers.
Legal aid may also be available in certain situations to help ease the financial burden. Whether you’re filing for divorce online or through traditional means, understanding the costs involved in family law is essential.
If you need advice on divorce, contact our divorce lawyers today.
