Family Court Costs: Divorce Fees, Family Lawyer Prices, Etc.
Going to family court in Australia is known to be expensive. The courts have tried to alleviate this problem in recent years, but deciding family issues in court still isn't cheap. You should be aware of the costs your case may incur in family court so you're financially prepared.
Settling as early as possible can save you thousands of dollars.
To settle parenting arrangements, create a parenting plan together. If you have no other issues, you'll only face a few optional costs: mediation, parenting plan software (like the Custody X Change online app), and applying for a consent order that makes your plan enforceable. Divorcing parents face additional costs but can still save big by agreeing on a parenting plan.
A family law case may include the following four types of costs.
1. Family court filing fees
Filing fees are what you pay the court when you turn in paperwork. They depend on what you're filing and what type of case you have.
These fees help the court process your documents and are also meant to discourage people from turning in unnecessary requests and paperwork.
Check with your court on exact fees; they increase every year. You can apply for an exemption from each fee (except the divorce filing fee) if you meet the exemption requirements.
Divorce fees
The divorce filing fee is just over $1,000. You can get it reduced by more than $700 if you receive certain government benefits, like Austudy payments or a health care card. Your spouse may agree to help with this fee, but they don't have to.
If you need issues decided for you, you'll also need to lodge an initiating application, which will cost over $400. It could cost roughly $850 if you need temporary orders (aka interim orders) and final orders about parenting as well as about finances. Your spouse will pay just over $400 if they turn in a response (to oppose your requests or make different ones).
You may need to pay other filing fees in your divorce case: $65 for a subpoena, $145 to request an interim order once the case has started, etc.
Custody costs
If you agree on a parenting plan and ask the court to make it an enforceable consent order, the parent who applies will pay $200. The other parent can agree to contribute to or cover this fee.
To open a case to have the court decide parenting arrangements, your filing fee will be at least $425. It could cost roughly $850 if you need interim orders and final orders about finances as well.
The other parent will pay a little over $400 to turn in a response, unless they agree with everything you requested.
You both might face other lower filing fees throughout your case, depending on what happens in it.
2. Family lawyer prices
Family lawyers in Australia charge about $200 to $800 per hour, depending on seniority. These costs apply whether the professional calls themself a divorce lawyer or custody lawyer (or neither in particular).
This could easily add up to $10,000 per side if you take a while to reach agreement or more than $100,000 each in a case that goes to trial.
Lawyers with less experience and ones in rural areas tend to charge the least.
Keep in mind that you will likely need to pay your lawyer up front via a retainer. This is an advance payment based on what your case is expected to cost, and your lawyer will draw from it as they work. You'll be refunded any leftover money at the end (or need to add more if the money runs out).
Cost notices in family law
Family lawyers in Australia have to keep clients and the court informed of costs: ones the client has already incurred and ones they probably will in the future. Lawyers communicate this information in a cost notice.
Expect to get a family law cost notice before every major event in your case, like a hearing or conference.
Fixed fees in family law
Many family lawyers now charge fixed fees for certain services. For example, to have a document drafted, you might pay a flat fee of a few thousand dollars. For help with negotiation or mediation, you may pay tens of thousands.
Fixed legal fees can be a great way to avoid spending more than you've budgeted, especially if you have an amicable case and don't need major help from a lawyer. Shop around for the best price, and make sure you understand what is included.
3. Costs for other professionals and services
For parenting disputes, you must use an alternative dispute resolution method before your case (and, in the Federal Circuit and Family Court, during your case as well). If you have sufficient income, you'll have to pay; expect to personally spend at least $500 a session (and potentially much more).
If you're divorcing and don't need help with parenting issues, you may be ordered to a conciliation conference (about $500 each) or have to pay a private mediator, which usually costs more.
Even if your case doesn't last long, you're likely to incur small additional costs, like fees for copies or for serving court documents to the other party.
In prolonged cases, expect higher additional costs. For instance, you may need to pay expert witnesses (like doctors or child specialists) hundreds of dollars an hour to testify or write reports. If the court appoints an independent children's lawyer, you may have to contribute to their compensation (which can total several thousand dollars) if your income allows.
4. Cost of family court trial
Going to trial is by far the most expensive way to resolve family court issues.
You'll pay the court about $800 or $1,000 (depending on your court division) to set a trial date — and then again for each trial day after the first one.
Don't forget to factor in the additional family lawyer costs. (Experts do not recommend representing yourself in trial.) A senior lawyer may charge several thousand dollars per day of trial.
The typical cost of a family court trial was over $8,000 for basic matters and nearly $36,000 for complex matters, according to a 2018 report on Australian courts. This estimate includes court fees and lawyer prices, but not costs before trial (e.g., for earlier hearings).
One major goal of creating the new Federal Circuit and Family Court was to trim litigant costs. Time will tell how average family court trial costs are affected.
Total family law costs
Your total costs depend on when you stop litigating. If you reach agreement early and avoid optional costs, you could spend only a few hundred dollars.
On the other hand, a full-fledged custody battle might cost each parent over $30,000 considering all the factors above. Complex cases could cost each parent $100,000.
Total divorce fees will be similar if you never reach an agreement. But they could be even higher since your divorce may include parenting arrangements and other issues, like finances.
If you cannot afford your family court costs
If you cannot afford a lawyer, check whether you qualify for free or reduced-rate legal aid. The courts also have duty lawyers who provide limited assistance to parents representing themselves.
The courts also offer exemptions, reductions and deferrals of fees in certain circumstances.
The cheapest method of resolving family issues is always to reach an agreement as fast as possible.
Who pays for family court costs in Australia
Generally, each person pays the fees they incur for a family case. In rare situations, the court decides one person was problematic and orders them to pay some or all of the other person's legal fees. This decision is issued in a costs order.
This may happen if, for example:
- One person caused the case by not following court orders.
- One person was difficult or untruthful throughout litigation.
- One person unreasonably dismissed settlement offers.
- The person who started the case got none of their requests, essentially wasting the other person's time and money.
Enforcing costs orders in family court
If you received a costs order and haven't been paid, talk to a lawyer. When you can enforce a costs order depends on your state or territory and what the order says.
Your first step may be to gather information on the payer's finances. (The court calls them the payer because they should be paying you, even though they may not have.) You can send the payer a request to provide a financial statement, or you can ask the court to make them provide a statement.
Having this information can help you decide how to enforce the costs order. Your options include:
- Attending dispute resolution with the payer, e.g. mediation
- Asking the court to have the payer's bank deduct money from their account or the payer's employer take money from their paycheck
- Asking the court to allow you or someone else to receive the payer's income
- Asking the court to have the sheriff's office take and sell property owned by the payer
The cheapest way to resolve a parenting case
For the cheapest resolution to parenting arrangements, use the Custody X Change online app.
Make a parenting plan with the other parent using our step-by-step template.
Include a parenting schedule complete with arrangements for special occasions.
With a detailed parenting plan, you can avoid using a lawyer. Or share it with your lawyer to cut legal costs.
Save thousands of dollars in your parenting case with Custody X Change.