How much does it cost to get divorced in Western Australia?
It’ a question we hear often, and while circumstances will vary from case to case, there are some set fees you will face when it comes to getting divorced in WA.
How Much Does It Cost To Get Divorced In Western Australia
Let’s take a closer look at what it could cost to get divorced in Western Australia.
Court Fees To Get Divorced In Western Australia
As of 1 July 2023, there are certain fees set by Federal Government Regulations.
The fee for an application for divorce currently costs $1060. Fees must be filed with the Family Court of Western Australia.
Applicants may be eligible for a reduced fee of $350 if they hold certain Government concession cards or can prove financial hardship. In the case of a joint application, where both spouses agree to divorce, both applicants must be holders of Government concession cards or both must prove financial hardship.
If a sole application is made it must be paid by that person prior to filing and is not refundable.
In the case of a joint application, the parties can decide who pays what.
Parenting & Financial Orders
The fee for an Application for Consent Orders is currently $195.
Initiating Applications start from $410 and can reach $810 if they apply for Interim and Final Orders for both parental and financial matters.
A Response to an Initiating Application starts from $410 but can cost $550 if wishing to introduce an Interim Order that has not been sought by the applicant.
An additional fee of $240 also applies to amend an Initiating Application to include both parental and financial orders.
Setting Down Fees
When a case is prepared and a trial date is set, a Setting Down, or Hearing Fee is set, which must be paid 28 days prior to the trial date at the latest.
If the case is listed before a Judge the fee is $1010.
If the case is listed before a Magistrate the fee is $745.
Daily Hearing Fees
Over and above the Setting Down fees there is a daily fee for Final Orders in a defended case. The fees are as follows:
Listed before a judge – $1010
Listed before a magistrate – $745
Conciliation Conference – $465
If a case goes to appeal, additional Setting Down and Daily Hearing fees apply.
Legal Fees To Get Divorced In Western Australia
If choosing to hire a family lawyer in Perth, there are the lawyer’s legal fees to budget for as well.
How much those will be often depends entirely on which method the separating parties choose to pursue.
There are basically two main options when it comes to getting divorced in WA – going through the Court or attempting Family Dispute Resolution (also known as family mediation).
Going Through Family Court
Depending on the circumstances of each case, it can cost up to tens or even hundreds of thousands of dollars to divorce through the Family Court.
Family lawyers can charge vastly different rates and if the case is allowed to drag on for months, or sometimes years, costs can quickly escalate if your lawyer is not making every effort to resolve your case.
Choosing Family Mediation
Under Australian Family Law, it’s mandatory to first attempt Family Dispute Resolution before going through the Courts when it involves children of under 18 years. It’s also cheaper, quicker and confidential as well as the least stressful way of divorcing for the whole family.
Unlike a court case, where each party appoints their own lawyer, in family mediation both parties share the costs of one mediator, who’ll offer guidance, explaining the rights and obligations to both parties making suggestions and enable them to resolve their own disputes and reach a settlement that suits their family’s circumstances.
We hope this has given you a clear insight into how much it can cost to get divorced in Western Australia.
Here are Hickman Family Lawyers we know that no two divorces are the same. So when you trust us with your divorce application, know that we will treat you as an individual, helping you come to an affordable and amicable solution as quickly as we can. There’s a better way to do family law, and we want the best outcome for your family.
Book your free information call with our family lawyers in Perth today.
