The cost of divorce in Australia depends on different factors. Some of the expenses you may face include:
Court filing fees.
Legal service costs.
Dispute resolution fees.
Understanding these costs can help you determine the best course of action. Family law can seem expensive, but there are ways to mitigate how much you spend. We’ll go through all of this to empower you to look forward to a new beginning.
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.
- What is the divorce cost in Australia? (Filing Fee)
- What does it cost to produce a marriage certificate?
- What are the costs associated with parenting and property arrangements?
- What are court order fees?
- What are your legal fees?
- How lawyers charge for divorce proceedings.
- How are divorce costs split?
- How are divorce settlements taxed?
- How we help
How much is the cost of a divorce in Australia?
How much does it cost to get a divorce? A party seeking a divorce must apply to the Federal Circuit and Family Court of Australia, including couples married overseas who meet Australian residency requirements. The cost generally includes court filing fees, which are payable at lodgement and can be paid using an accepted method such as a pre paid debit card.
This information is general only and fees may change. A family lawyer can provide advice specific to your circumstances. How much does it cost to get a divorce? The rate for filing a divorce increased by the following:
1 July 2024: $1100
1 July 2025: $1125
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 2024: $1560
1 July 2025: $1595
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Divorce Cost Estimator
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| Category | Description | Estimated Cost (AUD) | Actual Cost (Editable) | Paid? (Yes/No) |
|---|---|---|---|---|
| Court Filing Fee | Standard fee for filing divorce application | $1,060 | ||
| Lawyer Consultation Fee | Initial meeting with a family lawyer | $250–$500+ | ||
| Application Preparation Fee | If a lawyer prepares your divorce documents | $300–$1,000+ | ||
| Consent Orders (if needed) | Cost to formalise property/parenting agreement | $3,000–$5,000+ | ||
| Mediation Costs | Fees for attending private or court-ordered mediation | $500–$2,000+ | ||
| Legal Representation (Court) | If your case goes to court | $5,000–$20,000+ | ||
| Other Fees (e.g., affidavits, subpoenas) | Additional legal paperwork or services | Varies | ||
| Translation/Interpreter Fees | If English isn't your first language | Varies | ||
| Travel/Childcare/Time Off Work | Related to court/mediation attendance | Varies | ||
| Total | $21,435 | $0 | ||
Total Estimated
Amount Paid
Remaining
What does it cost to produce a marriage certificate?
You will need your certificate of marriage to proceed with a divorce application in the Federal Circuit and Family Court of Australia. The application process involves filing fees and formal court proceedings, even where the divorce itself is straightforward. While divorce applications do not decide parenting arrangements, these may need to be addressed separately through agreement or further court processes. If you have misplaced your certificate, you can apply for a replacement for the following expense:
Official certificate of marriage (standard postage fees included): $56.20
Urgent application: $33.30
What are the costs associated with parenting and property arrangements?
Ending a marriage is one thing. But what about parenting and property arrangements? There are various ways of handling those matters. It’ll come as no surprise that they also have costs. Here are expenses you may expect.
Consent orders
Consent orders can be used to finalise financial, parenting, and living arrangements. The costs associated with it are the following:
1 July 2024: $200
1 July 2025: $205
What are court order filing fees?
A court order may be necessary to formalise parenting arrangements, property division, or spousal maintenance following a divorce application. In some cases, a party may need to apply for orders without the consent of their former partner. These applications involve filing fees and can result in orders being made on an interim or final basis. Seeking appropriate legal support can help you understand the process and your options.
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. 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 orders only): $435
Initiating Application (parenting OR financial, interim and final orders): $585
Initiating application (parenting AND financial, final orders only): $710
Initiating Application (parenting AND financial, interim AND final orders): $860
Interim order application/application in a case (parenting AND/OR financial): $150
Court proceedings
One of the surest ways to increase divorce expenses is to litigate during the divorce process rather than resolving matters early or proceeding with divorce online where appropriate. Court-based disputes often involve multiple court hearing dates over two years or more, depending on the complexity of the matter and the size of the asset pool.
Experienced solicitors may charge in the range of $3,000 to $6,000 per day for representation, and in complex cases, total legal costs can reach $100,000 or more. Costs vary significantly based on individual circumstances and this information is general in nature only.
Fee exemption
These exemptions aim to reduce the financial burden experienced by people facing financial strain during family court matters, particularly when managing the broader financial aspects of a family law dispute.
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 exempt 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 fee 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
The Court may still assist you even if you do not meet the standard criteria under the divorce application process. Where a party can show they are facing financial hardship, the Court has discretion to consider the circumstances and work toward a fair outcome. This can apply whether the matter is brought by a sole applicant or through a joint or sole application, depending on the situation and the evidence provided. Three tests determine if you’re experiencing financial hardship:
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, taking into account their overall financial situation. This assessment may be relevant when preparing divorce papers, particularly in a joint application, and can also influence whether a court hearing is required.
The table below shows how the number of dependants affects the income permitted under this test, including where family dispute resolution has been attempted or considered.
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 $1025 (5 x $205).
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: $205 ($100).
Application for declaration of validity: $1,595 ($795).
Initiating application (children and financial): $710 ($355).
Initiating application: $435 ($215).
Response to initiating application: $435 ($215).
Notice of appeal: $1,705 ($850).
Daily divorce hearing fee (for each hearing day, excluding the first hearing day): $790 ($395).
Setting down for hearing fee (defended matters): $790 ($395).
Conciliation conference: $490 ($245).
Subpoena fee: $65 ($30).
Interim application: $150 ($75).
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: $375
Application for decree as to Nullity: $530
Additional cost reduction methods
There are other ways to keep your divorce costs down aside from court fee reductions. Here are some other avenues you could consider.
Dispute resolution
Anything that keeps you out of court will usually save you money. Instead of litigating issues in front of a judge, find ways to compromise. An effective mediator may help parties agree on a property settlement. A family dispute resolution practitioner can work with parents to make appropriate arrangements.
Mediation fees will differ between providers. However, you could expect to pay approximately:
$350-$500 per hour.
$2000-$4000 per full day.
Legal Aid
Every state and territory has its own Legal Aid Commission. Legal Aid offers online legal information and access to free or low-cost representation from preferred suppliers. Representation is subject to means testing and the merits of the case. Legal Aid will look at the chances of the case being successful.
Pro bono
Some firms take on a select number of pro bono cases every year. These spots tend to be very limited, and you may need to wait a long time to get a chance to have your case considered.
What are your legal fees?
When going through family law matters, 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?
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 application divorce fees application: $1500
Parenting/property consent: $1500-$2000
Combined parenting/property consent: $3000
Preparing a financial agreement (with legal advice and certificate): $3000-$8000
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
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.
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
Hourly rates 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. This can be especially important in high-conflict situations where one’s ex-partner may not be cooperative, and detailed legal support is necessary.
The rate the lawyer charges is generally based on their experience:
A junior lawyer may charge $200-$400 per hour.
A more senior lawyer may charge $500-$800 per hour.
One of the main risks of an hourly rate is unpredictability. It’s hard to know exactly how long tasks will take. This can make budgeting trickier.
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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.
Download our FREE Divorce Checklist for more information on what to do next.
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. If you think it’s a good option, here are some tips:
Put the agreement in writing. It’s too easy for the parties to misremember a verbal agreement.
Communicate with each other. Be open about how repayments are coming along and any difficulties.
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. We’ll work to ensure you can access critical funding when you most need it.
Take Control of Your Finances During Divorce
Download our free Divorce Budget Template to plan clearly, reduce stress, and make informed decisions.
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.
Conclusion
Are you facing a family law case, but don’t know the costs involved? Not to fear. Our comprehensive guide is what you need. It outlines the major expenses you can expect during the legal process. If you’re concerned about your budget, there are ways to reduce the money you pay.
This is our updated family law costs guide. We cover court fees and potential legal expenses. It’s also good to know how you can save money and the low-cost options.
Seek legal advice
Need help with your divorce? Get a free 30-minute consultation from Ferrall & Co. Lawyers. Contact us for assistance.
