How Much Does a Divorce Cost in Australia? [Legal Fees Explained]
Divorce in Australia isn’t just a legal process—it’s an emotional and financial journey. Whether you’re filing a joint application or heading to court over custody or finances, understanding the range of potential expenses can help you prepare and protect your future.
Legal matters can be expensive. Filing fees and the cost of legal representation add up. Parties can pay tens of thousands of dollars. Some divorces can even exceed $100,000.
We’ll provide a rundown of the significant expenses that clients face. JustFund may be able to help during this challenging time.
| Application Type | Fee |
|---|---|
|
Divorce application * |
$1,100 |
|
Consent order application * |
$200 |
|
Annulment application * |
$1,560 |
|
Interim orders (parenting or financial) * |
$145 |
|
Final orders (parenting or financial) * |
$425 |
|
Final orders (parenting and financial) * |
$695 |
|
Final + interim orders (parenting or financial) * |
$570 |
|
Final + interim orders (parenting and financial) * |
$840 |
|
Response to application * |
$425 |
|
Subpoena * |
$65 |
|
Divorce Application (Joint) |
$1,000–$1,500 |
|
Divorce Application (Sole) |
$1,500–$2,500 |
|
Consent Orders |
$2,000–$3,000 |
|
Binding Financial Agreement (BFA) |
$3,000–$10,000 |
|
Division 2 – Hearing set-up fee |
$770 |
|
Division 2 – Daily hearing fee |
$770/day |
|
Division 1 – Hearing set-up fee |
$1,045 |
|
Division 1 – Daily hearing fee |
$1,045/day |
|
Conciliation conference |
$480 (both divisions) |
|
Estimated Total Litigation Cost |
$50,000–$100,000 |
*These fees apply to documents filed with the Federal Circuit and Family Court of Australia. Concession card holders may be eligible for fee reductions.
How we can help
Navigating the financial aspects of divorce can be challenging. Legal costs can be overwhelming, especially if you’ve lost income or have a low credit score. That’s where JustFund comes in.
Our team offers:
- A line of credit to pay for family law legal fees
- Assessments done by expert family lawyers
- We don’t rely on your credit score or income history
- You only pay interest on what you use
- Repayment happens when your case is settled—no up-front costs
Contact us today to schedule a consultation and discuss how we can support you.
Why is our funding important?
Going without legal representation is risky. But lawyer fees can be a burden. Women are often disproportionately affected. One issue we approach with great care is family violence. The Australian Bureau of Statistics says one in six women has experienced intimate partner violence since the age of 15. This often impacts their financial stability.
The victims bear the majority of that cost. It represents the cost of mental health harm, lost economic opportunities, property damage, and more.
Effective support is beyond many clients. That’s why we needed to step in and provide a meaningful alternative.
Traditional lenders miss the human element. Our focus is on your well-being and securing a positive future.
Do you need help financing your family law matters? Contact us today.
Are you a victim of coercive control?
Coercive control, a form of domestic abuse, is when a partner, spouse or someone else continually isolates, hurts, or scares another person to control them.
Occasional disagreements are normal in any relationship, whether a social, cultural, or faith-based community relationship, a carer or support worker, an extended family relationship, or a more intimate polyamorous or LGBTIQA+ relationship. Though coercive control is more common among men, anyone can find themselves doing it, and anyone can be on the receiving end.
Why this matters financially
- Victims often experience reduced financial autonomy
- Legal costs can prevent escape from abusive situations
- Support is essential yet frequently inaccessible
Read more about coercive control here.
According to the ABS, 1 in 6 women have experienced intimate partner violence. KPMG estimates high economic losses due to property damage, mental health harm, and income disruption.
Cost-saving tips
Some strategies that help reduce the financial strain:
- Consider a joint application to save on service fees
- Use mediation or collaborative law to avoid court
- Apply for fee reductions if eligible (e.g. pensioners, hardship)
- Explore legal aid and free community legal centres
Long-term financial impact of divorce
- Property settlements must be finalised within 12 months of divorce for married couples (24 months for de facto).
- Splitting assets (e.g., savings, superannuation, property) can reduce net worth significantly.
- Ongoing costs like child support or spousal maintenance depend on income and agreements.
- Establishing a second household often doubles living expenses, like rent or mortgages.
When Divorce Gets Complicated
If you and your ex-partner can’t agree on key issues like property division or parenting arrangements, litigation may be necessary, and the costs can escalate rapidly.
Litigation Costs
Family Law Matter fees
There are several fees involved in family law matters, and they tend to increase each year. If couples are unable to agree on issues like parenting arrangements or property settlements, they may need to proceed to litigation. The Federal Circuit and Family Court of Australia is split into two divisions, with Division 1 continuing the Family Court and Division 2 continuing the Federal Circuit Court. Fees vary depending on which division the case is heard in. For those who qualify, reduced fees are available—for example, $365 for divorce filings and $520 for annulment applications. However, litigation can be expensive, often ranging from $50,000 to $100,000, and includes mediation, court appearances, and final hearings.
Legal fees vary widely based on a lawyer’s experience. Hourly rates may range from $300 to $600, with partners at larger firms charging significantly more than junior lawyers. A single day in court may cost between $3000 and $6000 in legal fees. Additional expert witnesses or services could add another $5000 to $15,000 to the total cost, making the process quite costly overall.
| Cost Item | Amount |
|---|---|
|
Division 2 – Hearing set-up fee |
$770 |
|
Division 2 – Daily hearing fee |
$770/day |
|
Division 1 – Hearing set-up fee |
$1,045 |
|
Division 1 – Daily hearing fee |
$1,045/day |
|
Conciliation conference |
$480 (both divisions) |
|
Estimated Total Litigation Cost |
$50,000–$100,000 |
Legal Fees Breakdown
Divorce Application Fees
When it comes to divorce applications, the cost typically ranges from $1000 to $2000, not including the filing fee. Joint applications are generally simpler and cost between $1000 to $1500, while sole applications are more complex and can cost up to $2500. Additional expenses may arise if issues such as lost marriage certificates, affidavits for special circumstances, or difficulty serving documents occur. In cases involving children, mediation and parenting arrangements can further increase the cost.
Consent orders are one of the most straightforward and affordable ways to settle custody and financial matters, generally costing between $2000 and $3000. Many firms offer fixed-fee packages, especially if parenting and property matters are handled together, often with discounted rates. However, costs may increase by $1000 to $4000, depending on the complexity of the financial arrangements. Proper disclosure is key, and gathering financial information like superannuation values, property details, and investments requires time, any of which will increase a lawyer’s fees.
Binding Financial Agreements
Binding Financial Agreements (BFAs) offer flexibility and privacy in dividing property and can be arranged before, during, or after a marriage. Their cost ranges from $3000 to $10,000. BFAs allow couples to bypass the Family Law Act and Court involvement, making them useful for complex financial situations. However, they come with risks: they can be unfair, are more expensive than consent orders, and may be voided if not properly drafted. Common grounds for invalidating a BFA include fraud, nondisclosure of assets, duress, and significant changes in circumstances, particularly where children are involved.
Some parties may be eligible for filing fee exemptions. These include holders of certain concession cards, legal aid recipients, those representing children in court, youth allowance and ABSTUDY recipients, under-18s, and prison inmates. Applicants who don’t meet these criteria may still apply under financial hardship. The Court evaluates hardship based on income, assets, and living expenses tests. If someone’s income is below a set threshold, they have limited assets, and their surplus income is under the required limit, they may qualify for fee relief.
| Service | Estimated Cost |
|---|---|
|
Divorce Application (Joint) |
$1,000–$1,500 |
|
Divorce Application (Sole) |
$1,500–$2,500 |
|
Consent Orders |
$2,000–$3,000 |
|
Binding Financial Agreement (BFA) |
$3,000–$10,000 |
Additional costs can include:
- Certificates of marriage or service
- Affidavits and supporting documents
- Mediation services to resolve disputes
Note: Litigated divorces often involve lawyer fees, multiple court days, expert reports, and legal documents. Total costs can range from $50,000–$100,000+, especially in high-conflict
Note: These are approximate costs and can vary based on individual circumstances
Final thoughts
Divorce can cost thousands—even tens of thousands. Court fees, legal advice, and unexpected issues all add up. If you’re in a tough financial position, it can feel impossible. Traditional lenders may overlook the human impact of family breakdown.
That’s why JustFund offers help. We cover legal costs so you can get through this stage without extra stress. At JustFund, our holistic focus is supporting your recovery, rights, and future.
Need help financing your legal journey? Reach out to our team today.
