What is the Cost of Divorce & Separation in NSW?
Divorce and separation in NSW can come with significant costs. At Simple Separation, we’ve made separation and divorce simpler, more affordable, and less stressful - saving couples thousands.
We tailor a fixed-fee package to suit your unique situation, bundling the services you need into one clear, affordable price.
Our services include:
Divorce Applications, Mediation, Financial Agreements, Consent Orders, Parenting Plans, Property Transfers and more.
What’s the Cost of Divorce in New South Wales?
It’s important to understand that the divorce application is just one part of a broader divorce settlement. A full settlement typically includes asset division (property settlement), parenting arrangements, child support, and/or spousal maintenance.
Each divorce situation is unique, and the costs will vary depending on the circumstances and chosen separation path.
Several factors influence divorce costs in New South Wales, such as whether you are married or in a de facto partnership, whether you have children, the level of conflict, and the complexity of your financial situation. The level of conflict will determine the approach to the divorce, which in turn impacts the overall costs.
Let’s break down some of the costs involved in separation and divorce.
What is the cost of a divorce application in New South Wales?
According to the Federal Circuit and Family Court of Australia, a divorce application court filing fee costs $1,100. However, those who qualify for a reduced fee will only pay $365. It’s recommended to seek legal advice regarding property settlements before divorce is finalised due to the time limits on property settlements and the time restrictions once the divorce is finalised.
Divorce Application – Joint or Sole Application in New South Wales
Sole Application:
If you’re applying for divorce on your own, you will need to factor in the cost of a third-party professional to initiate the divorce process, as well as any postage fees to serve the divorce application to your former partner. If you are served with a divorce application, you won’t have to pay the fees unless you want to oppose the divorce or file for a court order, in which case you’ll need to cover the fees for making changes to the application.
Joint Divorce Application:
A joint divorce application is when both spouses apply together for a divorce. It’s often the preferred option when the separation is cooperative. It means:
You both agree that the marriage has irretrievably broken down.
You complete and sign the divorce application together.
You are both listed as joint applicants on the court documents.
What is the time limit for property settlement?
For married couples, the time limit for property settlement is 12 months after the divorce application is finalised. Once the divorce order is granted, all matters related to property settlement must be settled within this period. If you don’t reach an agreement through mediation, you may need to initiate court proceedings. If you miss the 12-month window, you can request a court extension, but it could be denied unless you have a valid reason for exceeding the time limit.
What is the Cost of a Divorce Settlement in New South Wales?
Divorce and separation in New South Wales can involve various costs, including those related to property division, divorce applications, parenting arrangements, child support, and more.
The costs you incur depend largely on the approach you take. If you choose the traditional legal route and work directly with a family lawyer, your costs will likely be higher than if you opt for a separation and divorce service firm.
These services offer a more affordable, fixed-fee solution for couples looking to part amicably, significantly reducing stress and cost.
Important: Once your divorce is finalised, strict time limits apply for pursuing a property settlement. For this reason, many couples choose to finalise their property settlement before applying for divorce.
Family Lawyer or Professional Negotiation
Hiring a family lawyer becomes necessary when communication with your partner breaks down and they show no willingness to mediate. The costs of engaging a lawyer typically range from $500 to $750 per hour, and these billable hours can accumulate quickly.
Alternative Dispute Resolution (ADR)
Alternative dispute resolution, such as negotiation or mediation, provides a more affordable and efficient path. Mediation allows both parties to come to an agreement on property division or parenting arrangements, reducing the need for court intervention. The typical cost for property or parenting mediation is around $2,500 per person. However, this fee doesn’t include the cost of making your agreement legally binding.
Working with a Family Dispute Resolution Practitioner (FDRP) or mediator empowers you to control the outcome of your property and/or parenting arrangements. At the end of mediation, you'll receive a parenting plan, which outlines your agreements but isn't legally binding unless converted into court orders.
Financial Settlement in New South Wales
A financial settlement begins with identifying your net property pool and completing a full financial disclosure. This includes your financial and non-financial contributions to the relationship and your future needs. Once all details are laid out, you can consult independent family lawyers to understand what you’re entitled to regarding the division of assets, which may include savings, businesses, property, vehicles, and superannuation. Mediation then helps create a proposal for a fair and balanced agreement. Once you reach an agreement, it can be turned into a binding financial agreement or court orders.
Cost-Effective Divorce and Separation Routes
Going down the traditional legal route with family lawyers and barristers can be costly. Legal fees, including court costs, valuation fees, and accountant charges, can quickly add up.
If you're looking for a more affordable and stress-free alternative, consider a divorce and separation services firm like Simple Separation. These services help couples navigate divorce and separation at a fraction of the cost of traditional legal proceedings, offering clear guidance to reach fair, private agreements.
Litigation Costs
Litigation should be a last resort, typically for couples who have exhausted other options. This route involves the court deciding on asset division and parenting arrangements. Legal support for litigation can range from $50,000 to $100,000 per party, or more. Litigation also erodes your property wealth and often creates long-lasting tensions, making the co-parenting relationship more challenging. It can drag on for 1-2 years, leaving families in a highly stressful situation. For this reason, mediation or negotiation should be attempted before resorting to court.