Cost of a Divorce in Australia: Fixed Fee Joint Divorce Application from $898
Fixed Fee Joint Divorce Applications for Australian clients in 24 hours
We only complete Joint Divorce applications
- We are a non-conflict Family Law Firm
- We assit both parties as we are neutral
- Applications completed in 24Hrs
- Our fixed fee services help with managing divorce costs by providing cost certainty and transparency
- We manage the Family Court portal on your behalf.
Kate Austin Family Law is a specialised Family Law firm with over 30 years of experience. We are Accredited Specialists in NSW and Queensland. We provide joint Divorce applications for all Australian citizens and residents, no matter where they are located in the world, for a fixed fee.
We draft Joint Divorce Applications without any conflict?
- We do not negotiate between parties, We don't take sides. We are a neutral Party
- If there is a dispute between the parties, we will not get involved. We love amicable clients
- Our fees are always fixed before we start your matter. Instant Quote
- Once you have submitted your intake forms information we will draft your Consent Orders in 24Hrs
- Our experienced team provides legal support to help clients with managing divorce efficiently and cost-effectively.
- We will give a general opinion on your agreement, "Is it Just and Equitable"
- Our service is all remote, so your location in Adelaide or the world does not really matter
- If we don't think your matter will be approved by the Family Court, we will tell you before we start
- We draft Joint Divorce Applications without any conflict?
Kate Austin Family Lawyers only work with amicable clients. We do not take sides, we do not negotiate between parties, and we do not get involved in disputes. Together, we create Consent Orders and Divorce applications based on your agreement. Our approach is designed to help clients manage divorce costs by avoiding unnecessary disputes and legal expenses
- We do not negotiate between parties. You come up with the agreement we have it approved
Our role is to act as a neutral party; we do not take sides. We will not offer advice to one side over the other. If clients would like that service, they should seek it out. This will need to be done by another lawyer.
- We are happy to talk to both parties in a joint call.
Again, we are a neutral party. We do not represent either party, and we only accept instructions jointly. In joint calls, we only offer general advice on Consent Orders, such as timing, cost, the structure of your proposed agreement, Family Court process and whether it’s a matter that is suitable for our service.
- All our fees are fixed - Always
We disclose all fees upfront, agree to them, and place them in our trust account before we begin work. The fees we charge are always fixed. Quotes can be generated instantly online by selecting the ‘Instant Quote’ button. Consent orders in Adelaide and South Australia are the same, no matter your location.
- We have your first draft ready in 24Hrs.
We will tell you the day we draft your agreement. They will be available that evening. We ask that someone be available to assist if required. Having one matter at a time makes our work more efficient.
- Divorce applications are signed with Wet Signatures - We organise video calls
Regardless of where you or your former partner is located, you can easily and quickly sign your orders. We have many clients, both interstate and overseas, so electronic signatures suit their requirements perfectly.
What Do You Need Help With?
Whatever stage of life you’re passing through, we can document and finalise a legal arrangement to help you find certainty.
Divorce an Amicable guide
A Guide to Kate Austin Family Lawyers divorce applications
Introduction
Navigating the end of a marriage is rarely easy, but the administrative process of legally finalizing it doesn’t have to be adversarial. In Australia, the “No-Fault” divorce system allows couples to separate with dignity, without needing to prove wrongdoing by either party. The divorce process in Australia involves a structured legal process with various legal steps and associated divorce costs, which can vary widely depending on individual circumstances.
The application process for divorce in Australia can be completed online, where couples have the option to submit a sole or joint application using an online form through the official court portal. This digital approach to divorce online offers convenience and accessibility for both parties. While many people assume divorce requires one person to sue the other, there is a collaborative alternative: the Joint Divorce Application. This pathway allows couples to file paperwork together, often saving time, money, and emotional stress. The average cost of separation and divorce in Australia is approximately $21,000 per person if parties do not go to court, but divorce costs can rise to between $50,000 and $100,000 if disputes escalate and court proceedings are required. The cost of divorce is significantly influenced by personal circumstances and the state of the relationship prior to separation, with amicable divorces generally being less expensive than contested ones. Legal representation costs also vary depending on whether the divorce is contested or uncontested, and choosing between hiring a lawyer and handling divorce proceedings yourself can impact the overall cost and complexity. While a DIY divorce may seem cheaper, it can result in hidden costs and complications, so seeking legal advice or engaging a family lawyer can help streamline the legal process and avoid costly errors.
This guide covers everything you need to know about joint applications, from the basic definitions to a step-by-step walkthrough of the portal process.
What is a Divorce Application?
In legal terms, a Divorce Application is the formal request made to the Federal Circuit and Family Court of Australia (the Court) to officially end a marriage.Divorce proceedings are part of broader family law matters, which may also involve property settlement and parenting arrangements.
It is important to understand that in Australia, a “divorce” purely ends the legal marriage contract. It does not resolve issues regarding:
- Property settlement (dividing assets and debts).
- Parenting arrangements (custody of children).
- Spousal maintenance.
These are separate legal matters. The Divorce Application essentially asks the Court to issue a “Divorce Order,” which proves you are no longer married and are free to remarry. Divorce-related applications to the courts, such as for consent orders, can incur additional fees, and property settlement, spousal maintenance, and parenting arrangements are the primary drivers of high divorce costs.
There are two ways to file this application:
Sole Application: One spouse (the Applicant) applies and must “serve” the court documents and divorce documents to the other spouse (the Respondent) as part of the court proceedings.
Joint Application: Both spouses apply together as Co-Applicants, and no service of documents is required since both parties are joint applicants.
Filing divorce papers is a key step in the legal process. Court fees and filing fees apply to divorce applications, and service fees may be incurred for serving documents or obtaining translations of marriage certificates. Marriage certificates are required for divorce applications, and certified translations may be needed for overseas marriages.
Legal support and legal advice are important for navigating family law matters and managing the expenses involved. When hiring a lawyer, additional legal costs can include administrative fees for tasks like photocopying documents, communication with the ex’s lawyer, and travel costs for court appearances.
Joint Divorce application posts
How long does a joint Divorce take?
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Fixed Fee Joint Divorce Applications
A Joint Divorce Application is a collaborative filing where both parties agree that the marriage has irretrievably broken down and sign the necessary documents together.
This is often the preferred method for amicable separations because it streamlines the legal bureaucracy. Unlike a sole application, where one person effectively takes legal action against the other, a joint application is a statement that you are closing this chapter together.
Key Benefits of a Joint Application
- No “Service” Required: In a sole application, you must strictly follow rules to prove you have delivered the papers to your ex-spouse. In a joint application, because you both sign, this step is completely eliminated.
No Court Attendance (Usually): Typically, neither party is required to attend court for a joint divorce application, even if children under 18 are involved, as long as the court is satisfied with the care arrangements.
- Faster Processing: By removing the need for service and the mandatory response time for the other party, the administrative timeline can be slightly shorter and less prone to delays.
Shared Costs: The filing fee for a divorce application in Australia is $1,125, which is typically shared between both parties. This is the baseline court cost, but court costs can also include other expenses involved in the divorce process. A reduced fee may apply for those experiencing financial hardship or holding government concession cards or certain government concession cards. Your financial circumstances can impact eligibility for reduced fees and the overall expenses involved. Payment can be made using a pre paid debit card if needed.
Managing Expenses: Uncontested divorces typically cost between $2,000 and $5,000, while contested divorces can result in legal fees ranging from $10,000 to over $100,000. Mediation and Family Dispute Resolution (FDR) can often be much cheaper than litigation, typically costing between $2,000 and $15,000. Amicably reaching agreement on property and parenting can save tens of thousands in legal fees. Legal costs depend on the complexity of the situation and whether you use a fixed-fee service or hourly billing. Amicable divorces with high cooperation are significantly cheaper, while high-conflict cases with multiple disputes—especially those involving complex property division or parenting matters—can escalate divorce costs to $100,000 or more.
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The Step-by-Step Process for Obtaining Consent Orders
The Process for a Joint Divorce Application
The Australian divorce application process is almost entirely digital, handled and requires you to provide evidence and submit all required court documents, including your official marriage certificate, through the Commonwealth Courts Portal.
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Step 1: Preparation and Registration
Scan Documents: send us copies of your Marriage Certificate and Proof of Citizenship or any other documents we may request (Passport/Citizenship Certificate). You may also need to provide additional documents, such as an affidavit explaining any differences in names between your marriage certificate and other identification. We can accept these as PDF or PIC documents.
Step 2: Submit your intake forms
- We provide you with an intake form that should only take 5 minutes to complete. If you have any questions, call Brendan, and he will help you.
Step 3 (if required): Living together under one roof affidavits.
If you have lived together in the same house but not as husband and wife, we will draft your affidavits for your application. We will
- Send you a list of questions that we require short answers to.
- Draft your affidavits based on your instructions.
- Provide them to you for your approval.
- Witness those affidavits via a Teams or Zoom Call.
- Submit them on your behalf with your application
Step 4 (If required): Marriage certificate translation.
If you were married overseas and your marriage certificate is not in English, we will organise a translation on your behalf.
- Source an appropriate translator
- Obtain translations acceptable to the Family Court and
- Organise an affidavit from the translator that the marriage certificate is correctly translated to the Family Court requirements
Step 5: Provide you with the completed application for Divorce
This is the most critical legal step.
Organise a video call to sign. Both of you must sign the Affidavit for eFiling Application (Divorce) in front of an authorised witness, but you do not need to sign at the same time. You can sign separate identical affidavits if you live in different cities, or you can go to the same JP together.
- Note: You do not need to be in the same room. You can sign separate identical affidavits if you live in different cities, or you can go to the same JP together.
Step 6: Lodge the application
We will upload the application and all supporting documentation on our court portal. The application is lodged through the Commonwealth Courts Portal as part of the court process.
Step 7: The Hearing and Finalisation
- Once filed, you will be given a court date for the court hearing (usually 6–12 weeks away).
- For joint applications with no children (or straightforward arrangements), the Registrar will review the papers in their office. You likely won’t even know it’s happening until you get an email.
If the court requires further information or additional documents, or if there are issues with the application, such as missing documents or information, the process may take longer than usual.
Divorce Order: If granted, the divorce becomes final 1 month and 1 day after the hearing. You will then download your Divorce Order from the portal.
Note: If the spouse’s address is required for any reason (such as if one party is overseas or for correspondence), it must be provided
Joint Divorce Application Requirements
Before we can lodge your application, we must ensure you meet the strict eligibility criteria. The Court will reject applications that do not satisfy these four pillars:
- Jurisdiction (Connection to Australia)
To qualify for a joint divorce application, at least one spouse must be an Australian citizen (by birth or descent), an Australian citizen by grant (citizenship certificate required), lawfully present in Australia and intending to continue living here (domiciled), or have lived in Australia for at least 12 months immediately prior to filing. At least one of you must regard Australia as your home.
- Irretrievable Breakdown (The 12-Month Rule)
You must be separated for at least 12 months and 1 day before you file a joint divorce application. This separation period is strictly enforced.
- Example: If you separated on January 1st, 2024, you cannot file until January 2nd, 2025.
- There are no shortcuts to this rule. If you reconcile for 3 months or more during this time, the clock resets.
Proof of Marriage
You must provide a valid marriage certificate when filing a joint divorce application.
- If married in Australia: You need the official certificate from the Registry of Births, Deaths and Marriages (not the decorative one you received on the wedding day).
- If married overseas: You need the original certificate. If it is not in English, you must provide a translated copy and an affidavit from a certified translator.
- Children Under 18
If you have children under 18, the Court must be satisfied that proper arrangements have been made for their care, housing, education, and health. You do not need a formal parenting order, but you must outline the current voluntary arrangement in the application.
Seven most common Divorce Questions.
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Do we have to attend the court hearing?
Answer: Generally, no. In a joint application, you are not required to attend the hearing unless:
- You have children under 18 and the Court has concerns about their welfare (rare if you have detailed the arrangements well).
- There is a discrepancy in your paperwork (e.g., dates don’t match). Most joint divorces are determined "in chambers," meaning the Registrar reviews the file on a computer without the parties present.
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Can we file a joint application if we still live in the same house?
Answer: Yes, but it requires extra paperwork. This is called "Separation Under One Roof." You must prove that you were separated despite living at the same address. You will need to file an affidavit from you and an affidavit from an independent third party (like a neighbour or family member) confirming that:
- You sleep in separate rooms.
- You do not cook/clean for each other.
- You have separated your finances.
- You have publicly announced the separation.
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How much does it cost, and can we split the fee?
The current filing fee (indexed annually in July) is over $1,125.00. The Court portal only accepts one payment transaction. This means one person must pay the full amount on their credit card. If you wish to split the cost, you must arrange a private bank transfer between yourselves. The Court will not accept "half payments" from two different cards.
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What if we have agreed on divorce but not on property or kids?
Answer: You can still get divorced. Divorce is separate from property and parenting. You do not need to have finalized your financial split to apply for divorce. However, be careful: Once your divorce is finalized (1 month after the hearing), a 12-month limitation period begins. You must file for property settlement within that 12 months, or you may lose the right to claim assets.
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I was married overseas. Do I need to register my marriage in Australia first?
Answer: No. You cannot "register" an overseas marriage in Australia. Australia automatically recognizes valid overseas marriages. To divorce here, you simply provide your foreign marriage certificate. If it’s not in English, you need a translation by a NAATI-certified translator.
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Can I remarry immediately after the hearing?
Answer: No. You are still legally married on the day of your hearing. The divorce is granted primarily ("Nisi") but does not become absolute ("Final") until 1 month and 1 day later. You cannot marry a new partner until you have the final Divorce Order in your hand. Booking a wedding too close to your divorce hearing date is very risky and usually advised against.
- What is a Divorce Application?
In legal terms, a Divorce Application is the formal request made to the Federal Circuit and Family Court of Australia (the Court) to officially end a marriage.
It is important to understand that in Australia, a “divorce” purely ends the legal marriage contract. It does not resolve issues regarding:
- Property settlement (dividing assets and debts).
- Parenting arrangements (custody of children).
- Spousal maintenance.
These are separate legal matters. The Divorce Application essentially asks the Court to issue a “Divorce Order,” which proves you are no longer married and are free to remarry.
There are two ways to file this application:
- Sole Application: One spouse (the Applicant) applies and must “serve” the papers to the other spouse (the Respondent).
- Joint Application: Both spouses apply together as Co-Applicants.
Agreement
- Step 1: Parties must reach a mutual agreement on all issues relevant to them, such as asset division, parenting, financial matters, and spousal maintenance via negotiation, mediation, or lawyers.
- Step 2: Agreement must be formally documented in Consent Orders. This includes the Application for Consent Orders form and the Minute of Consent Orders.
- Step 3: Both parties must sign the prepared consent orders
Submission Process
- Step 4: Submit the completed application and supporting documents to the Federal Circuit and Family Court of Australia, electronically via the Commonwealth Courts Portal, with a filing fee of $200 as of 2025.
- Step 5: A Registrar or Judge reviews the application, ensuring the proposed parenting arrangements are in the best interests of the child and property orders are “just and equitable”
The Final Step:
- Once all legal requirements are met, the court approves and “Seals” the orders, making them legally binding and enforceable.
Associations of Which We’re Part
Who will you be working with?
Rachel:
Rachel is an Accredited Specialist in Family Law recognised in both Queensland and NSW. Rachel is located in Brisbane
Rachel manages all the legal aspects of your matter
- Looking at all initial information supplied and ensuring compliance with the Family Court
- Drafting application. minute of order, Notice of Risk and superannuation correspondence.
- All Aspects of the Family Court Portal and discussions with the Family Court.
- Assists with any requestions if required.
Brendan:
Brendan will be the first person you speak to about your Consent Orders. Brendan is located in Brisbane
You will have a general discussion about your matter and if it’s mutually suitable for our firm.
- You will discuss our role in the process.
- How would your agreement probably be drafted by Rachel?
- The timing and cost of your Consent Orders.
- The process to move forward
- Collection of all your information to draft your agreement.
Contact Us
Kate Austin Family Lawyers
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Head office:
Level 54, 111 Eagle Street Brisbane QLD 4000 -
Sydney office:
Level 36, 1 Farrer Pl Sydney, NSW 2000 -
Melbourne office:
Suite 805 , Level 8, 220 Collins street Melbourne, VIC 3000 -
Office Hours:
Monday – Friday: 9AM – 5PM
