Fees for Filing a Divorce Application:
The cost of divorce may vary depending on your circumstances.
1. Application Type: Sole or Joint Application?
Whether you are applying for divorce solely or jointly with your spouse, the application fee is AUD $1,100.
*If you choose to file a divorce application on your own, you must serve the divorce application documents to your spouse, which may incur additional postal and service fees. If your spouse does not respond or cannot be contacted, you may also need to pay additional fees to deliver the documents.
2. Marriage Certificate: Do you have the Certificate? Is it in English?
- If you have lost your marriage certificate, you will need to pay a fee to replace it.
- If your marriage certificate is not in English, you need to hire a certified translator to translate it.
3. Fee Waiver Eligibility
You may be eligible for a fee waiver if you meet any of the following conditions:
- You hold a valid health care card, pensioner concession card, or other cards including Commonwealth seniors health card and other cards issued by Centrelink and the Department of Veterans’ Affairs).
- You have received legal aid.
- You are receiving Youth Allowance, Austudy or ABSTUDY benefits.
- You are under 18 years old.
- You are an inmate or otherwise lawfully detained in a public institution.
- You are experiencing financial hardship.
4. Legal Fees for Filing a Divorce Application
While you can apply for divorce online without a lawyer, we strongly recommend you to engage a lawyer so that your divorce application is completed smoothly. Incorrectly filing out the application form or failing to submit any required documents can significantly delay the review process.
Legal fees may vary depending on the complexity of your divorce application. For example, if you and your spouse are separated but living in the same house, you must prepare an affidavit to prove that you have been separated for more than 12 months.
Lawyers typically charge either a fixed fee or by the hour. Because the divorce application involves standard procedures, many law firms can provide a fixed quote.
5. Marriage Counseling Fees:
In Australia, if you and your spouse have been married for less than two years, you must attend a professional marriage counseling session before you can apply for divorce (unless you cannot locate your spouse, the relationship involves domestic violence, or your spouse refuses to attend counseling). If you have been married for more than two years, counseling is not required.
6. Costs Related to Property Settlement and Child Custody.
Applying for divorce does not include handling matters related to property settlement and child custody.
For property settlement and child custody, you need to consider whether to engage a lawyer to represent you in negotiations with your spouse. If both parties reach an agreement, the result must be formalised through an agreement or court order. If an agreement cannot be reached, the matter must be taken to court, involving court fees and legal fees.
Since the workload for litigation cases can be unpredictable, many lawyers charge by the hour (based on the actual time spent on the matter). We are one of the few law firms that can offer fixed fees for litigation matters. We are willing to share the risk with you and aim to achieve your desired outcomes as quickly as possible, without delaying the legal processes. With our extensive litigation experience, we can accurately estimate the costs required for each step and provide a step-by-step quote for your matter.
If you have any questions about divorce, please contact us immediately. Our family lawyers are more than happy to answer any related legal questions for you.
Source:https://www.fcfcoa.gov.au/fl/fees/fl-fees
*Disclaimer: This is only a general guidance and cannot be regarded as a specific answer to your individual questions. The law is complicated, and we strongly recommend that you seek professional legal advice. Canaan Lawyers will not be liable for any loss of damage caused by any person due to the information contained or missing in the document.