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How much does a divorce cost?
Divorce costs
In Australia, everyone who applies for a divorce is required to pay a Government filing fee. You must pay either the full filing fee or a reduced fee. It's a Federal Government charge and there are no exceptions - everyone is required to pay either the full fee or the reduced fee. Read on for more information about this fee, how it can be reduced and other costs associated with getting a divorce.
Filing fee
The filing fee increases every year on 1 July. It is payable when you lodge your divorce application. As of 1 July 2023, the full government filing fee for a divorce is $1,060. You can apply to have this reduced to $350 in some situations.
If you hold a Government Concession Card, such as a health care card or pensioner concession card, you'll qualify for the reduced fee.
You can also apply to have the filing fee reduced on the grounds of financial hardship.
The filing fee is a one-off charge. You don't both pay this amount. It's just the one payment for either a sole or joint divorce. Whoever lodges the divorce will have to pay the fee.
How to reduce the fee
If you have a Government Concession Card, you will qualify for the reduced fee.
Otherwise, you can apply for the reduced fee on the grounds of 'Financial Hardship.' There is an application form to complete which we will provide.
If you are doing a joint divorce, both you and your spouse must qualify for the fee reduction to be eligible for the reduced fee.
Other costs
In some situations, there may be other costs involved.
For example, if you can't find your marriage certificate and need to replace it, there's a cost involved. You can apply for a replacement from the Department of Births, Deaths & Marriages in the State/Territory where you were married. (Don't order a Commemorative certificate - they aren't accepted by the court).
If you were married overseas and your marriage certificate is in another language, there will be costs associated with having it translated into English. If this is an issue, there is a process to be followed. The marriage certificate must be translated by a qualified translator and they must sign an Affidavit of Translation. We will point you in the right direction and provide you with the Affidavit.
When doing a sole divorce, I often recommend people engage a process server to serve the papers on their ex. They will charge a fee, but they are professionals at serving court documents and will also assist with the required paperwork. If you do an internet search for 'process server', you'll find one and can ask about their charges.
Keep in mind
A divorce is simply the legal end to your marriage.
It does not decide issues about your children, property or maintenance. Even though information about your children is required to be included in the divorce application - this doesn't constitute an agreement and the divorce doesn't decide what happens to your children.
All divorce applications are given a hearing date.
In all States and Territories (apart from Western Australia), the divorce hearing is conducted by phone. You don't attend in person!
If you're doing a sole divorce, you should attend the phone hearing if at all possible. That way, you'll be there to answer any questions the court might have. This often helps resolves questions around the service process, which can be difficult.
Should you do your own divorce?
Most people today arrange and manage their own divorce. The courts are used to people doing their divorces. They are patient, and their systems are set up to help people through the process as much as possible.
Don’t waste hundreds or even thousands on a lawyer when you can do your own divorce. We can quickly provide everything you need to arrange and manage a simple and straightforward divorce.