Divorce can be an emotionally and financially challenging process, and one of the most common questions couples ask is: who pays for the divorce in Australia?
Here in Australia, the cost of divorce depends on several factors, including whether the application is made solely by one spouse or jointly by both parties.
Additionally, there can be various other legal costs beyond the application fee that may arise during the process. Understanding these costs can help you prepare financially and avoid unexpected expenses.
Here’s what you need to know about who pays for divorce in Australia, from our team of experienced family lawyers in Perth.
Who Pays for Divorce in Australia?
There are generally two options when it comes to divorcing in Australia – a sole divorce application and a joint divorce application. Who pays for the initial divorce application can depend on which option you choose to begin with.
Who Pays the Costs for Sole Divorce Applications?
When one party decides to file for divorce alone, they are responsible for covering the costs associated with the application. As of today, the filing fee for a divorce application in the Federal Circuit and Family Court of Australia is $1,100. However, some applicants may be eligible for a reduced fee of $365 if they meet specific financial hardship criteria, such as holding a government concession card or experiencing financial difficulties.
The applicant (the person filing for divorce) is generally responsible for paying this fee upfront. However, in some cases, they may seek an agreement with their former spouse to share the costs. This is not legally required, and if the other party refuses to contribute, the applicant must bear the full expense.
Additional costs for sole applicants may include process server fees. If the other party is uncooperative or difficult to locate, hiring a process server to deliver the divorce papers may be necessary. This can cost anywhere between $100 and $500, depending on the complexity of the service.
Who Pays the Costs for Joint Divorce Applications?
A joint divorce application means that both parties agree to the divorce and apply together. This approach is generally more cost-effective and straightforward, as it removes the need for one party to serve divorce papers on the other.
In a joint application, both spouses can agree to split the filing fee equally or decide on another cost-sharing arrangement. Unlike a sole application, where one party must bear the financial burden, a joint application allows couples to work together to minimise costs.
A joint application also reduces the likelihood of delays, as both parties are involved in the process from the outset. Additionally, because there is no need for service of documents, there are no associated process server fees, making it a more economical option.
While a joint divorce application does not require court appearances in most cases, couples may still choose to seek family law advice before filing, which comes at an additional cost. Legal fees can be shared or paid individually, depending on the couple’s agreement. Seeking legal guidance ensures the application is correctly prepared and that both parties understand their rights and responsibilities.
Who Pays for Other Legal Costs in a Divorce?
Beyond the divorce application fee, there may be additional legal costs to pay when you divorce, depending on the complexity of the case.
These costs can include:
- Legal advice: Consulting a divorce lawyer for guidance on divorce proceedings, property settlements, and child custody arrangements can cost anywhere from a few hundred to several thousand dollars, depending on the level of assistance required.
- Drafting documents: If legal documents such as consent orders or financial agreements are needed, there may be drafting fees. The cost of preparing these documents varies based on complexity and the lawyer’s rates.
- Court fees: Additional court fees may apply if disputes arise over property, parenting arrangements, or spousal maintenance. These costs depend on the type of application being filed.
- Court representation: If a lawyer is needed to represent you in court, legal fees will depend on the length and complexity of the proceedings. Representation costs can range from around $1500 per day to tens of thousands of dollars in contested cases that take longer to resolve.
Some individuals choose to handle certain aspects of their divorce without legal representation to save costs. However, this may lead to costly mistakes, particularly in property settlements and parenting arrangements. Seeking professional legal advice before finalising any agreements, even ones reached through family law mediation, ensures your rights are protected and helps prevent future disputes.
What Is an Order for Costs?
An order for costs is where the court decides that one party should pay the legal expenses of the other. This only occurs in specific circumstances, such as where one party’s conduct has led to unnecessary delays, or failed to comply with standard legal processes.
Factors Considered in an Order for Costs
The court considers several factors when determining whether to grant an order for costs, including:
- Whether one party has acted unreasonably or unnecessarily prolonged the proceedings
- Whether one party failed to comply with court orders or legal procedures
- Whether one party has a significantly greater financial capacity than the other
- Any misconduct, such as providing false information or failing to disclose financial assets
Who Can Apply for an Order for Costs?
Either party may apply for an order for costs, but the decision is at the discretion of the court. If granted, the court may order full or partial reimbursement of legal fees. This can provide financial relief to a party who has incurred substantial legal expenses due to the unreasonable conduct of the other spouse.
It is important to note that cost orders are more common in financial disputes or contested matters rather than standard divorce applications. Seeking legal advice can help determine whether applying for a cost order is a viable option in your case.
It’s no surprise that divorce can be a costly process, but understanding your financial obligations can help you plan effectively. Whether you are filing a sole or joint application, it is essential to be aware of potential legal costs of your divorce and explore ways to minimise expenses where possible. After all, wouldn’t you rather have those funds to build a new life for you and your children?
At Hickman Family Lawyers, we understand the financial pressures that come with divorce. Our team of trusted family lawyers in Perth is here to provide expert guidance and support.
We offer a free 15-minute, no-obligation information call to help you understand your options, who pays for divorce, and take the next steps with confidence. Call us now to arrange yours!
