How much does a divorce really cost in Australia? Everything you need to know

Almost 50,000 divorces are granted in Australia every year. See how it works and what it costs to formally dissolve a marriage.

The divorce rate in Australia has been trending up since the late 1970s, with almost 50,000 divorces granted every year.

And with court appearances costing more than $1000, let alone lawyer fees, it can be an expensive exercise.

Divorce proceedings are forefront at the moment following recent changes to the Family Law Act.

According to the Australian Institute of Family Studies (AIFS), the most common reasons marriages fall apart are communication problems, infidelity, and drifting apart.

However, alcohol and drug use, financial problems, work, family interference, physical and mental health, and children, can also put significant pressure on relationships.

Here’s what you need to know about getting a divorce in Australia.

AUSTRALIA’S DIVORCE RATE IS CLIMBING

What is the divorce rate in Australia?

Australia grants more than 49,000 divorces every year, and according to the Australian Bureau of Statistics (ABS), it works out to about two divorces per 1000 residents.

What are grey divorces?

Grey divorces, also known as silver separations, refer to couples who decide to divorce later in life — usually they are 50 or older and have been in committed long-term marriages.

The median divorce age in Australia is 46 for males and 42 for females.

However, that figure is trending higher every year, and according to the AIFS, more than a quarter of the divorces granted in 2021 involved couples married for two decades or more.

Triggers often involve lifestyle changes, such as retirement and empty-nest syndrome.

However, divorces of this nature can be complex, because people in this age bracket have worked longer and saved more, meaning they’ve accumulated much more wealth.

What about same-sex divorces?

Australia legalised same-sex marriage in December 2017 and 473 same-sex divorces were recorded between 2018 and 2021, making the same-sex divorce rate 2.5 per cent.

Divorces were much more likely between female same-sex couples than male same-sex couples, with 306 and 167 marriages breaking down respectively.

HOW TO GET A DIVORCE IN AUSTRALIA

What are the rules for divorce in Australia?

Before you can get divorced, you need to prove a few things.

Namely, that you have a satisfactory connection to Australia, that the marriage has broken down and there is no reasonable likelihood that you and your spouse will get back together, you’ve been separated for at least 12 months, and you have your marriage certificate.

According to the Family Court, the rules may vary if you’ve been married two years or less, if you’ve separated but been living under the same roof, if you have children under 18 years of age, if you can’t locate your spouse, if you’re using a name other than your married name or maiden name, if you’re living overseas, or if you were married overseas.

If you’re applying on your own, you’ll also need to serve your ex with divorce papers.

What’s the difference between an annulment and a divorce?

A divorce is the official ending of a legal marriage, while an annulment occurs when a judge finds no legal marriage exists and makes a declaration of “nullity”.

This can happen if one or both of the parties were already married, if they were underage without the necessary approvals, or if they were forced into the marriage.

What is the first step to getting a divorce in Australia?

The first step to getting a divorce in Australia is to formally separate from your spouse, which in most cases means one person will move out so you’re no longer living together.

You’ll need to be separated for 12 months and one day before you can legally apply.

Once you’ve met the eligibility requirements, you can file your divorce application online via the Commonwealth Courts Portalorretain a lawyer to do it on your behalf.

COST OF GETTING A DIVORCE IN AUSTRALIA

The cost of divorce in Australia can vary enormously, depending on the complexity of the situation and the amount of money on the table as part of the property settlement.

In Australia’s most expensive divorce case, a billionaire was ordered to pay his ex-wife a settlement of $180 million — court orders prevent either party from being named.

The actual court fee is $1060, although if you’re eligible for a reduced fee — for example, you have a health care card — it can be pared back to $350.

You may need to pay additional fees for consent orders, initiating applications for parenting or financial orders, hearing fees, and conciliation conferences.

Costs will also increase if you add lawyers into the mix, although a number of firms are now offering flat-rate fixed-fee services for those wanting to keep things civil.

Can I get a divorce without going to court?

Not all divorcing couples have to physically go to court — if both parties are willing, you can sort things out between yourselves or hire a mediator to help you reach an agreement.

In these cases, the court will simply formalise the paperwork.

However, you will need to attend a hearing if you’ve filed a sole application and you share a child under the age of 18, if the other party opposes the divorce, or if you want to attend.

You may also need to go to court if you’re unable to agree on a property settlement.

What is a no-fault divorce?

Australia implemented ‘no fault’ divorces in 1976.

Put simply, this means the court doesn’t have to consider the reasons the marriage ended and neither spouse has to prove the other did something to cause the marriage to break down.

DIVORCE SETTLEMENT EXPLAINED

How long does it take to get a divorce?

Divorce isn’t a quick process.

According to the ABS, the median duration of marriages that end in divorce is just shy of nine years, but it typically takes four more years until the divorce is fully finalised.

Divorces typically become official one month and one day after the court order is granted.

What is a divorce settlement?

Divorce settlements refer to financial and property orders, which occur when the former spouses divide their assets and liabilities at the end of their marriage.

These orders can be complicated, especially if the couple has significant debt, of one spouse earns significantly more than the other, or if they need to pay child support.

The Family Court advises former spouses reach an agreement themselves, provided it’s safe to do so, because it’s much faster and cheaper than applying for formal orders.

Need legal advice? The Family Relationship Advice Line can provide free legal advice and information to assist anybody with family relationship issues — call 1800 050 321.

If you or someone you know needs crisis support, phone Lifeline to speak to a crisis supporter on 13 11 14, text 0477 131 114 or chat to Lifeline online at www.lifeline.org.au 24/7.

If you or someone you know is impacted by sexual assault or domestic violence, call 1800 RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au.