The cost of divorce in Australia depends on various factors, including court fees, legal representation, and whether you and your ex-partner can reach agreements without disputes.
As of 2024, the Federal Circuit and Family Court of Australia charges a filing fee of $1,060 for a standard divorce application. If you are eligible for a concession, such as holding a government-issued health care card, the reduced fee is $350.
However, this is just the base cost—legal fees, mediation, and property settlements can significantly increase the overall expense, depending on your situation.
Understanding the Cost of a Divorce Application
A divorce application is the legal process of ending a marriage, separate from property settlements or parenting arrangements.
The main cost associated with this process is the court filing fee, which must be paid when submitting your divorce application.
If you are applying for a joint divorce, both you and your ex-partner share the cost. If you are filing solely, you will be responsible for the fee unless you arrange cost-sharing privately.
You may be eligible for a reduced fee of $350 if you hold a concession card, receive Centrelink benefits, or meet low-income criteria.
Key Takeaway: The base cost of a divorce in Australia starts at $1,060, but reduced rates are available for eligible applicants.
Legal Fees: Should You Hire a Lawyer?
Filing for Divorce Without a Lawyer
If your divorce is straightforward—meaning you and your ex agree on the separation, there are no disputes, and you have been separated for at least 12 months—you can apply for a divorce online without legal representation. This can save thousands of dollars in legal fees.
Hiring a Lawyer for a Divorce Application
If you need legal assistance, lawyers typically charge between $1,500 and $3,000 for handling a simple divorce application. If complications arise—such as issues serving divorce papers or disagreements about the separation date—legal fees can be higher.
Key Takeaway: You can reduce costs by handling your own divorce application, but legal assistance may be helpful if complications arise.
Property Settlements and Their Impact on Costs
Divorce only legally ends your marriage—it does not determine how assets are divided. A property settlement is a separate legal process where you and your ex-partner divide assets such as houses, savings, debts, and superannuation.
- Mediated Property Settlements – If you and your ex can agree on how to divide assets without going to court, the cost of mediation typically ranges from $3,000 to $10,000.
- Court-Ordered Property Settlements – If an agreement cannot be reached, you may need to go to court, where legal fees can range from $10,000 to $50,000 or more, depending on the complexity of your case.
Key Takeaway: Property settlements are separate from divorce and can significantly increase costs if legal intervention is required.
Need a Lawyer?
Additional Costs to Consider
1. Mediation Costs
If you and your ex cannot reach agreements on financial or parenting matters, mediation is a recommended step. Some community-based mediation services are free, while private mediators charge between $250 and $500 per hour.
2. Counselling and Support Services
Many people seek counselling or financial advice during a divorce. Costs vary, but government-funded services may be available at no cost.
3. Updating Legal Documents
After divorce, you may need to update your will, power of attorney, and other legal documents. Lawyer fees for these updates typically range from $500 to $3,000.
Key Takeaway: Beyond court and legal fees, additional costs such as mediation and legal document updates should be considered.
Ways to Reduce Divorce Costs
If you are concerned about the cost of divorce, here are some strategies to keep expenses lower:
- Apply for Divorce Without a Lawyer – If your case is simple, you can handle the divorce application yourself.
- Use Free or Low-Cost Mediation Services – Government-funded mediation services can help resolve disputes without expensive legal fees.
- Negotiate Property and Parenting Agreements Early – Reaching agreements with your ex-partner before going to court can save thousands of dollars.
- Check for Fee Reductions – If you receive government benefits, you may qualify for reduced court fees.
The cost of divorce in Australia depends on your circumstances. While the filing fee is $1,060, additional expenses such as legal representation, property settlements, and parenting disputes can increase the total cost.
If you and your ex-partner can negotiate agreements without court involvement, you can significantly reduce expenses. Seeking financial and legal advice early can help you navigate the process more smoothly.