Additional resources:
There are various divorce cost Australia that a party may need to think about. These can include:
Legal fees.
Court fees.
Hearing fees.
The actual costs that you’ll face will depend on how you approach the divorce process. It may seem like your expenses will build up, but there are ways to minimise your costs. Let’s break it down.
Key takeaways
Filing fee for divorce cost Australia
As of 1 July 2025, the filing fee for a divorce is $1125. This is paid online through the Commonwealth Courts Portal when you submit the application to the Federal Circuit and Family Court of Australia.
Reduced divorce fee for financial hardship
You can’t get a complete exemption from the divorce application fee. However, you may be eligible for a reduced fee. The current $1125 fee for divorce may be lowered to $375. This fee reduction may be available to holders of certain government concession cards.
Even if you don’t have the necessary concession card, you could still qualify if you can demonstrate financial hardship. Financial hardship is assessed through three tests:
Income test.
Assets test.
Day-to-day living expenses and liabilities test.
Divorce lawyer fees in Australia
There are two primary ways to apply for a divorce, which are as a joint or sole applicant.
Joint application
Joint applications are generally the simplest and most affordable way to get a divorce. For a simple divorce, law firms will often offer a fixed-fee service. These services may be priced between $1200 and $2200, based on what’s provided and the experience of the lawyer. The service will typically include help with filling out the application and document preparation.
Sole application
Sole applications can introduce more complications that may increase costs. Fixed fees for sole applications may range from $2200 to $3200 based on what the client requires. There are various factors that can add to the cost of a sole application, including:
Court document service. The applicant generally has to serve documents on their spouse. A lawyer may assist in organising service through a professional process server.
Greater communication. An applicant’s lawyer may need to follow up with the other party or their lawyer to ensure that the process is moving along. Any increased contact time would be reflected in their fees. Any complications will also need to be discussed with the client.
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Court proceedings
One of the biggest cost concerns during sole applications is the increased chances of court proceedings. Here are some reasons why the Court may have to get involved in a divorce application:
Service issues. If there are issues contacting the other party, the lawyer may need to organise alternative arrangements with the Court. Alternative measures include substituted service or dispensation of service. These require the lawyer to make an application to the Court and draft an affidavit explaining all attempts made to complete service. This will likely increase costs.
Response to the divorce application. A respondent may object to information provided in a divorce application. Both parties may need to attend a divorce hearing to settle the matter. The hearing may require each party to present evidence to demonstrate their case. Seeking professional representation or advice will come at a cost. Disputes may arise over issues, such as:
An incorrect separation date.
The parties aren’t living separate lives. This can be a problem in cases involving ‘separation under one roof’.
Service wasn’t completed correctly.
Australia isn’t the correct jurisdiction to seek a divorce. This may be an issue if neither party has Australian citizenship or meets the residency requirements.
Cost of related family law matters
Couples typically have to organise a property settlement and parenting matters when getting a divorce. While these are separate legal processes, they’re often dealt with at the same time. These can be arranged by agreement or through litigation.
Property and parenting agreements
It’s generally more cost-effective to agree on family law arrangements. One common option is consent orders and binding financial agreements. For property divisions, a lawyer may assist with steps such as financial disclosure. This can include gathering documentation for assets and liabilities, including:
Investment properties.
Bank accounts.
Superannuation interests.
Business interests.
Credit card debts.
Mortgages.
Disclosure can include asset valuations. These can be complex, especially if business or superannuation interests are involved. A property settlement lawyer can work with a network of experts, such as accountants, to ensure disclosure is completed properly.
Making parenting arrangements is often not as quantifiable as property matters. It’s important to keep the child’s best interests in mind when making decisions. A lawyer can ensure that all major child custody issues are covered. This includes where a child will live and how parenting decisions are managed.
Fixed-fee consent order services can range from $1500 to $3500, depending on how complex the case is. Filing fees for consent orders are currently $205. This fee may be waived in cases of financial hardship.
Litigation
Litigating family law issues will almost always end up being the most expensive option. Disputes can take up to 2 years to resolve through the Court. There’ll be a fee for each hearing day. Getting legal help during the hearings, or for agreements such as binding financial agreements, can increase your costs quite a lot.
Lawyers will likely charge for court attendance through an hourly rate. This rate can depend on the lawyer’s experience. An experienced lawyer may charge $600 to $800 per hour for their services. A more junior lawyer may cost $250 to $500 per hour. Extended litigation can end up costing a client $50,000 to $100,000 or more.
Handling cases involving disputes
A good lawyer will take every opportunity to resolve disputes to prevent the parties from having to go to court. Mediation can be crucial to minimising the costs for each party. Mediation is often broken down into half-day or full-day sessions. Fees will also depend on the scope of the issues being discussed. Here’s a general estimate for how much you can expect to pay for mediation:
Half-day mediation for parenting OR financial matters. $1200-$1800.
Full-day mediation for parenting AND financial matters. $2500-$3000.
How to keep divorce cost Australia down
We have some tips that any client can follow to avoid costly mistakes and keep their expenses down when filing for divorce in Australia. Here are some simple things to keep in mind:
Find agreement where possible. Making a joint application and agreeing to property and parenting arrangements will usually save you money, whether you are separated or formally divorced. An agreement makes cases less complex and faster to resolve.
Get your documentation right. It’s important to word affidavits correctly. Having any necessary supporting documentation ready can help you avoid delays.
Use free community resources. Services like Legal Aid Queensland, Suncoast Community Legal Centre and other family law information resources provide free information and advice.
From our clients
I highly recommend Peter and his team to anyone who is looking for clear, supportive, affordable advice.
When I initially spoke to Peter, I knew immediately that he would navigate my separation with the strength, compassion and fairness that I required at the time.
Peter’s professional advice was always delivered in a manner that was easy to understand and he guided me through the difficult decision making processes with patience and empathy.
- Patricia Morris
Conclusion
Financial considerations can be a big concern for some people when getting a divorce. Divorce cost Australia can be affected by a case’s complexity and how the divorce is handled. It’s generally more cost-effective to find agreement where possible. A family lawyer in Brisbane can make the process smoother and help clients avoid mistakes.
Do you need assistance with your divorce application?
Our experienced divorce lawyers in Brisbane have helped hundreds of clients with their divorce online. To seek legal advice, contact us for a free consultation.
