How Much Does A Divorce Cost In Australia?

If you are thinking about splitting up from your partner or spouse, you might be wondering what financial processes you and your family will be required to undergo. Venturing into the divorce process unprepared might leave you with the burden of additional hidden costs and further emotional stress at this already difficult time. So that you know what to expect, this article will explore the essential costs of getting a divorce in Australia.

How Much Does A Divorce Cost In Australia?

Divorce Application Fees

The application fee for filing for a divorce is the same in every Australian state and territory. The cost of applying for divorce currently stands at $990.00. If you are eligible for a reduced fee, then the filing fee is $330.00. On lodgement, you are given a hearing date which is typically within nine weeks of the payment, as long as one spouse fulfils the residency requirements listed in section 39(3) of the Family Law Act 1975, and that the marriage is legally recognised within Australia.

Divorce application is an online process. If you have children who are under 18 years of age with your former partner, then you will need to attend your Divorce Hearing.

However, there are steps to be taken when you separate from your spouse to ensure that there is finality between you regarding your financial and your parenting arrangements.

Before you file for your divorce, you must consider the arrangements you will make to take care of your children between you and the division of your finances and property, which likely entails signing other legally binding documentation, such as:

• Binding financial agreements: these agreements set out how the property pool is divided when two spouses split.
• Consent orders: If you require an agreement that is enforceable and sealed by the Court, then Consent Orders are a good option for you for either or both financial and parenting arrangements. Consent orders and attract court filing fees of $180.00.

You might be able to claim a reduced fee on your divorce application filing fee if you are:

• Aged under 18
• An inmate in a prison
• You have been granted legal aid
• You are receiving a youth allowance
• You hold a card that certifies your entitlement to Commonwealth health concessions, issued
  by the Department of Human Services

If you are unsure whether you are eligible for a reduced filing fee, talk to our approachable and friendly expert family lawyers at Anumis Legal for confirmation on how much you are exempted from paying.

How Much Does A Divorce Lawyer Cost?

By-The-Hour Or Fixed Fee?

Lawyers frequently charge by the hour for a consultation, and each lawyer will have different fees. Whilst it can be difficult to estimate a price, lawyers charge anywhere from $100.00 to $1,000.00 per hour and will base their fees on their level of experience, firm size and location, and the complexity of your issue.

Some firms provide fixed fees for filing for divorce, as well as for the cost of drafting your Binding Financial Agreement or Parenting and Financial Consent Orders. Depending on your unique circumstances and the complexity and work involved in negotiating your agreements, the cost of drafting and finalising your Binding Financial Agreement and/or Parenting or Financial Consent Orders can range from $2750.00 to $10,000.00.

After your complimentary conversation at Anumis Legal, you will receive a Client Service Agreement that details all of the costs associated with the foreseeable work that we need to undertake for you, based on the information you have provided to us.

In terms of the overall cost of hiring a lawyer, a divorce with relatively few issues can cost you to less than $1,000, plus court filing fees. Legal fees at the lower end reflect that fact that you may need less time conversing with the lawyer about legal matters. If your circumstances mean that your solicitor is dealing with mountains of correspondence from your former partner, constantly disputed facts, disagreements, and resistance from one or both partners, your legal costs mount.

Anumis Legal offers a personalised divorce application filing service, so that you do not have to deal with online court forms and the stress of filing your application alone. If you would like to find out more, call 07 5477 6747 or email admin@anumis.com.au to talk to the Anumis Legal Family Law Dream Team, now.

If you cannot agree on your parenting and financial arrangements, and all attempts at conciliation, family dispute resolution and mediation fail, you might be looking at a trial, which can cost you anything from $6,000.00 and for a day in court.

Other Factors That Affect The Cost Of A Divorce

Property Settlements

If you and your partner are unable to settle on an agreement about your property distribution, a our experienced Anumis Legal lawyers will be able to advise you, negotiate on your behalf and draft your property settlement for you. Note that property, in this case, does not just mean real estate – it can include other assets such as: shares, savings, inheritances, jewellery, cars and redundancy packages.

Child Support

Even if one parent has sole parental responsibility of a child who is under 18 years old, both spouses can still be involved in looking after them. Child support ensures that your children are financially supported by both parents, even if you are no longer together.

Spousal Maintenance

If you or your spouse is unable to manage financially, without the support of the other spousal maintenance must be agreed before the divorce occurs, so that the appropriate aid can be provided.

Superannuation Splitting

Your superannuation is considered as part of the property pool the apportionment of this asset must be agreed between you as part of the financial finality between you following the termination of your marriage. Your superannuation splitting agreement is often documented as part of your Binding Financial Agreement or Financial Consent Orders and details how you and your former spouse will divide your superannuation after separation.

Extra Costs If You Can’t Agree

Mediation

This is a process in which a neutral third-party member, known as “the mediator”, assists you and your former partner to find options, identifying issues in your dispute and suggesting avenues you may not have considered as alternative routes to agreeing to settle the parenting and financial details pertaining to your divorce. Family Dispute Resolution and Conciliation are Family and Federal Circuit Court appointed processes to facilitate the resolution of the specific issues that remain contentions between you and your former partner.

Private mediation or conciliation attracts will cost you in terms of your legal representation at the mediation or conciliation and also attracts the fees of the mediator.

Arbitration

This is a process that happens outside of the court as a private form of external resolution procedure for resolving a financial dispute in which you and your former partner submit arguments and evidence to an independent arbitrator who makes a determination to settle your dispute.

Litigation

If you and your former partner cannot come to an agreement on your financial and/or your parenting arrangements, going to court might be your only option. Entering the Federal Circuit and Family Court process should be seen as your last resort because, as mentioned above, it can cost you thousands of dollars. Litigation is stressful and can take months or even years to finalise.