The cost of divorce in Australia

Divorce is emotionally hard. It can also be expensive. 

In the simplest divorces (no children, few assets, amicable agreement), the cost might just be the filing fee plus minimal legal assistance. In those cases the total cost may be a few thousand dollars.

That said, most cases involve at least some negotiation or complexity and the costs are much higher.

In this article, I’ll walk you through what those costs are, why they arise, and what you can do to manage them.

We provide a comprehensive summary of divorce costs at the end to give you a better idea for your own planning.

What costs are involved

When separating or divorcing, there are several layers of cost. Some are obvious, but some emerge later.

Filing fees

The first cost is the court filing fee for a divorce application. If the application is a standard one (no complexity, no conflict) the fee is relatively modest in the scheme of things, $1,125 as of 2025.
 
However, in many cases that filing fee is only a small portion of what you ultimately pay.

Legal fees

Lawyers usually charge by the hour. How much you pay depends on:

• The complexity of the assets (property, superannuation, business interests)
• Whether there are children and custody disputes
• How much disagreement there is between the parties
• How long negotiation or litigation takes

In relatively simple cases, legal drafting of a settlement agreement (and lodging it with the court) may cost up to $4000.

In more complex matters you may incur tens of thousands of dollars in legal bills, with particularly complicated or acrimonious cases running into six figures.

Mediation, collaborative law and alternative dispute resolution

Mediation and collaborative law are two of the most effective ways to keep divorce costs down and avoid lengthy court proceedings.

Mediation involves a neutral professional who helps both people communicate and find practical solutions. 

The mediator doesn’t make decisions but guides discussion around parenting, property, and finances. Fees vary but usually range from $250–500 an hour, often split between both parties. 

Collaborative law takes a similar approach but with each person represented by a specially trained lawyer. Everyone agrees not to go to court and instead works through structured meetings to reach agreement. This process suits couples who want professional support but a cooperative tone.

Other alternatives include family dispute resolution (often required before parenting cases go to court) and arbitration, a faster private decision-making process.

These approaches work best when both people are open, respectful, and willing to compromise. They not only save money but help preserve goodwill, making it easier to move forward once the legal process ends.

Hidden or indirect costs

These are often overlooked until later. For example:

• Valuer or accountant reports
• Financial planning advice
• Expert reports (if a business or trust is involved)
• Delays or complexity increasing hours spent
• Emotional cost or stress (which can lead to other financial consequences)

Factors that drive higher costs

Some divorces are far more expensive than others, for reasons including:

Complexity of assets

If you have multiple properties, businesses, trusts or significant superannuation, valuing and dividing them can be costly.

Children and custody disputes

Disagreements about parenting arrangements or relocation can prolong proceedings.

Lack of cooperation

When parties refuse to negotiate in good faith or repeatedly change their position, costs multiply.

Litigation

If you go to trial or require court determinations rather than settling, legal costs jump.

Delay

The longer the process drags on, the more costs build up.

Strategies to manage or reduce cost

We always encourage clients to try to be deliberate and informed. Here are a few strategies that may help keep your divorce costs within reason:

• Agree on a process (e.g. mediation or collaborative) early
• Disclose all financial information promptly and transparently
• Limit formal letters and court steps unless absolutely necessary
• Appoint a mediator or financial expert early
• Use fixed-fee arrangements where possible
• Avoid unnecessary expert reports or valuations
• Attempt a kitchen-table separation (i.e. negotiate yourselves, then have lawyers formalise)
• Only litigate the truly contested issues
• Choose an experienced divorce lawyer who can advise you 

You can do a DIY divorce application through the Federal Circuit and Family Court of Australia portal, but even in this case we always recommend seeking legal advice.

Some couples, for financial or practical reasons, continue living together (or with children in the home) while negotiating the separation. This is sometimes called ‘birdnesting’. 

That can reduce some immediate costs (like housing) but it comes with added stress, complexity and potential risk to negotiation. We rarely recommend it for extended periods.

Binding financial agreements (prenups)

One way to reduce future cost is through a binding financial agreement (commonly called a prenup). If you have a binding agreement, you can limit disputes over property division in the event of a separation.

You can create a BFAs:

• Before marriage or moving in together
• During the relationship
• After separation

A BFA must meet strict legal requirements to be enforceable, including each party receiving independent legal advice.

While the upfront cost of a BFA may range from $2,500 to $7,000 depending on complexity, it’s a fraction of what a court battle could cost.

If a binding agreement works, in many cases a final court settlement may not be needed, saving costs later on.

What you should know from the beginning

From the moment you consider separation, here are some things to keep in mind:

• Learn about the divorce process.
• Decide what you can afford in legal fees and incidental costs, and keep track as you go.
• Get good advice early to help you avoid expensive missteps.
• Be strategic about the process, and use mediation or collaborative approaches when possible.
• Set realistic expectations. Even in “amicable” separations, hidden complexity often arises.
• Focus on getting it done. Delays or procrastination often lead to higher bills.

Quick summary of possible divorce-related costs in Australia

Divorce filing fee

Typically around $1,125 (indexed annually); reduced fee available in some circumstances.

Service fees

Costs for serving the divorce application if required (commonly $80–$200).

Lawyer fees for divorce-only applications

Simple legal assistance or a fixed-fee service: usually $800–$2,500.

Property settlement legal fees

• Simple, low-conflict matters: $3,000–$7,000.
• Moderate complexity (property, superannuation, some negotiation): $8,000–$20,000+.
• High-conflict or complex asset structures (businesses, trusts, multiple properties): $20,000–$80,000+.
• Very complex or long-running matters can exceed $100,000.

Parenting and custody dispute costs

• Advising, negotiating and drafting parenting agreements: $3,000–$10,000+.
• Highly contested parenting matters (multiple hearings, reports, experts): $20,000–$60,000+.

Mediation / family dispute resolution

• Private mediation: typically $250–$500 per hour, often split between parties.
• Full-day private mediation: $2,000–$5,000.
• Government-funded FDR services may be lower cost or subsidised.

Collaborative law process

• Joint meetings with specially trained lawyers: often $5,000–$25,000+ depending on length and complexity.

Arbitration (private, faster decision-making)

Usually $6,000–$20,000+ depending on the scope and the arbitrator’s fees.

Expert valuations and reports

• Property valuations: $500–$1,500 per property.
• Business/forensic accounting reports: $3,000–$10,000+.
• Actuarial valuations (defined benefit super): $1,000–$4,000.
• Family report writer or psychologist assessments (for parenting matters): $3,000–$10,000+.

Court costs if litigation is required

• Interim hearings, mentions and directions: $5,000–$15,000+ per stage.
• Final hearing/trial: $30,000–$100,000+ per party in complex matters.
• Appeals can add substantially more.

Financial advice and planning

• Independent financial advice about settlement outcomes: $500–$3,000+.

Binding Financial Agreement (before, during, or after a relationship)

• Typically $2,500–$7,000+ per party depending on complexity.

Miscellaneous or indirect costs

• Counselling or psychological support.
• Time off work for appointments and court attendances.
• Delays, non-disclosure, or repeated disputes increasing legal hours.
• Costs of relocating or establishing separate households.

Reference: 'Cost of Divorce in Australia' by Randle & Taylor Barristers and Solicitors. The cost of divorce in Australia is not fixed. It depends heavily on your assets, your level of conflict, how willing you are to negotiate, and whether you require court intervention.

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