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. Below we explain the fee, how it can be reduced and other costs associated with getting a divorce.

What are government filing fees?

Whether you're doing a sole or joint divorce, the fee is the same.

It's a one-off fee for the application. You don't both pay this amount.
It’s just one payment.
The government increases this fee each year on 1 July.
You must pay the filing fee in full when you lodge the divorce application.
The court doesn't accept payment plans.

What are reduced filing fees?

The filing fee can be reduced significantly if you qualify for a fee reduction.
If you hold a government concession card, you’ll qualify.
Alternatively, you can apply for a fee reduction on the grounds of financial hardship.

What are the current fees?

As of 1 July 2024, the full filing fee is $1,100.
The reduced fee is currently $365.

How to claim the fee reduction

There are differences between joint and sole divorces, when claiming the fee reduction .

Joint Divorces

Both parties must be eligible to qualify for a fee reduction.
If you both have government concession cards, you will qualify.
If you don't have a concession card, you can apply on the grounds of financial hardship.
There's a special application form to complete and lodge with the court.
The application form can be found on the Family Court of Western Australia website.

Sole Divorces

Only the person applying for divorce must qualify for the fee reduction.
If you hold a government concession card, you will qualify.
If you don't have a concession card, you can apply on the grounds of financial hardship.
There's a special application form to complete and lodge with the court.
The application form can be found on the Family Court of Western Australia website.

Do both parties pay a court fee?

Only the person who completes and lodges the divorce online must pay the government filing fee.

The court won't split the payment or ask for payments from both parties.
It is simply a matter of paying the fee when the divorce application is lodged.
The fee is the same for a joint divorce or a sole divorce.
If you're filing for a joint divorce and your ex is cooperative, they might agree to reimburse you for half the fee.

Can you pay in instalments?

Unfortunately, no.

The court requires the filing fee to be paid in full when the divorce application is lodged.

It doesn't allow the filing fee to be paid in instalments.

Other possible costs

In some situations, there may be other costs involved.

Marriage Certificate

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).

Married Overseas

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.

Using a process server to assist with service

When doing a sole divorce, I often recommend people engage a process server. They will charge a fee, but they are experts 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.

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