Who pays for the divorce application?

The person who files pays the court fee. For a joint application the spouses decide between themselves how to share it, and both must be eligible if they want the reduced fee.

Is GST charged on the divorce fee?

No. GST does not apply to family law court fees. Lawyers' professional fees attract GST, so legal quotes are usually given plus GST.

Is it cheaper to file a joint divorce application?

The court fee is the same, $1,170 as at September 2026. A joint application avoids the cost of serving the other spouse and usually does not require anyone to attend the hearing, which saves time and legal fees.

Can the court fee be waived completely?

The divorce fee can be reduced to $390 but is not waived. For most other family law applications, people who hold certain concession cards or face financial hardship can apply for a full exemption from the fee.

Does a lawyer's fee include the court fee?

Usually not. Most fixed-fee divorce quotes list the court filing fee separately as a disbursement, so check the costs disclosure for both figures.

How Much Does a Divorce Cost in Australia?

A divorce in Australia costs $1,170 in court filing fees as at September 2026, or $390 if you are eligible for the reduced fee. The fee is the same at the Federal Circuit and Family Court of Australia (FCFCOA) and the Family Court of Western Australia, and it is indexed each 1 July. If a lawyer prepares and files the application, legal fees commonly add around $1,000 to $3,000.

Many people file their own divorce online and pay only the court fee. The larger costs come from matters a divorce does not settle, such as dividing property and making parenting arrangements. Those costs depend on how far the spouses agree, and Family Lawyers in Australia quote them separately.

What are the court fees for a divorce?

The court fee for a divorce application is $1,170, or $390 at the reduced rate, as at September 2026. These fees are set by the Family Law (Fees) Regulations 2022 (Cth) and apply from 1 July 2026. GST does not apply to court fees.

Family law application	Court fee (from 1 July 2026)
Application for divorce	$1,170
Application for divorce, reduced fee	$390
Application for consent orders (property or parenting)	$215
Initiating Application, parenting or financial, final orders only	$455
Initiating Application, parenting and financial, final orders only	$740
Interim order application	$155
Response to Initiating Application	$455
Conciliation conference	$510
Setting down for hearing, Division 2	$820
Daily hearing fee, each day after the first, Division 2	$820
Issue a subpoena	$70

A response opposing a divorce application currently has no filing fee. The Court Filing Fees in Australia guide covers fees in other courts.

Who is eligible for the reduced divorce fee?

You are eligible for the $390 reduced divorce fee if you hold a concession card or can show financial hardship. The FCFCOA's reduced-fee guidelines cover people who:

hold a health care card, pensioner concession card, Commonwealth seniors health card or another concession card issued by Services Australia or the Department of Veterans' Affairs;
have been granted legal aid;
receive Youth Allowance, Austudy or ABSTUDY;
are under 18;
are in prison or otherwise legally detained;
can show that paying the full fee would cause financial hardship.

For a joint application, both spouses must be eligible, or the full fee applies. The request is made on the court's reduction form when the application is filed.

How much does a divorce lawyer cost?

A divorce lawyer commonly charges a fixed fee of around $1,000 to $3,000 plus GST to prepare and file a straightforward divorce application, plus the court fee. The ranges below are indicative as at September 2026. They vary with the firm, the city and the complexity of the matter, and they are not quotes.

Divorce scenario	Common fee model	Indicative total cost
Joint application, self-filed	Court fee only	$1,170 ($390 reduced)
Sole application, self-filed, served by post	Court fee plus postage	$1,170 plus postage
Sole application, self-filed, process server	Court fee plus server's fee	$1,170 plus the server's fee, which varies
Lawyer-prepared divorce, uncontested	Fixed legal fee plus court fee	Around $2,200 to $4,200
Separation under one roof or spouse cannot be found	Fixed fee or hourly	Around $3,000 to $6,000
Opposed divorce with a defended hearing	Hourly	$5,000 or more

Other small costs include certified copies of the marriage certificate from the state registry, a translation if the certificate is not in English, and fees for witnessing affidavits.

How much does a divorce cost with property and children?

A divorce with property or parenting issues costs far more than the divorce application, because those matters are resolved separately. The key driver is agreement. When spouses agree, the cost is mainly the $215 consent orders fee plus legal fees for drafting. When they do not agree, court fees and legal fees build up at each stage.

Separate matter	Common fee model	Indicative legal fees per party
Consent orders (property or parenting)	Fixed fee	Around $2,500 to $6,000+
Binding financial agreement	Fixed fee	Around $3,000 to $10,000
Mediation or family dispute resolution	Hourly or session fee	Free to several thousand dollars
Contested property or parenting case to final hearing	Hourly plus barrister fees	Around $30,000 to $100,000+

Each party generally pays their own legal costs. Under section 114UB of the Family Law Act 1975 (Cth), the court orders one party to pay the other's costs only where the circumstances justify it. The Property Settlement After Separation and Parenting Orders in Australia guides explain each process.

What is the cheapest way to get a divorce in Australia?

The cheapest way to get a divorce in Australia is a self-filed joint application at the reduced fee of $390, as at September 2026. A joint application needs no service and no hearing attendance. For couples who also need to divide property, the lowest-cost path is to agree terms and formalise them as consent orders for a $215 court fee. Legal aid commissions offer lawyer-assisted dispute resolution for eligible people, and National Legal Aid's amica service helps couples reach and record agreements online at low cost.

Can you get free help with a divorce?

Yes, for advice and forms, though the court fee still applies unless reduced. Legal aid commissions and community legal centres give free advice on divorce applications, and legal aid can fund a lawyer when the application is complicated or the applicant has difficulty with English. The Legal Aid in Australia guide sets out the eligibility tests, and Free Legal Advice in Australia lists other services.

How do costs differ if you are the respondent?

A spouse who is served with a divorce application pays nothing to take part. Filing a Response to Divorce to oppose it currently has no fee, though legal fees apply if a lawyer prepares it. In property or parenting cases, the respondent pays $455 to file a Response to an Initiating Application, the same as the applicant's base filing fee.