What is the Cost of Divorce in Australia (2026): A Comprehensive Guide
Divorce is often an emotionally challenging time, and financial uncertainty can add another layer of stress. If you’re considering a separation or already navigating one, you’re probably asking ‘How much does a divorce actually cost in Australia?’
This guide will walk you through everything you need to know in plain English.
From government fees and legal costs to property settlements and hidden expenses.
With expert insights from the team at Randle & Taylor Barristers and Solicitors, you’ll come away informed, prepared, and empowered to take your next step with confidence.
Over 50 Years Experience in Providing Expert Legal Advice
Whether you need advice on separation, parenting matters, financial agreements or simply want to understand your options, our divorce lawyers in Adelaide are here to help.
At a Glance: Average Divorce Costs in 2026
This table provides a breakdown of the average costs of divorce in Australia in 2026, including court fees, legal services, and dispute resolution expenses, with references to authoritative sources.
| Expense Type | Cost Estimate* | Details |
|---|---|---|
| Court Filing Fee | $1,170 (as of 1 July 2026) | Payable to the Federal Circuit and Family Court of Australia |
| Reduced Filing Fee | $390 | Available to concession card holders and those eligible for financial hardship |
| Fixed-Fee Divorce Application | $1,210 – $1,500 (Randle & Taylor) | Includes legal advice, document preparation, and filing |
| Property Settlement | $3,000 – $20,000+ | Depends on complexity; can be negotiated or litigated |
| Parenting Arrangements | $3,000 – $10,000+ | Varies based on agreement, mediation, or court proceedings |
| Litigated Divorce/Property Matters | $50,000 – $100,000+ | If disputes proceed through litigation |
| Mediation Services | $500 – $5,000 | Often required before litigation |
| Consent Orders (Property or Children) | $2,000 – $5,000 | Legal documents formalising an agreement |
*Prices are indicative and subject to change. Contact us for a personalised quote.
How Much Does It Cost to Get a Divorce in South Australia?
The cost of getting a divorce in South Australia is the same as in other parts of Australia, as fees are set nationally by the Federal Circuit and Family Court of Australia.
- Court filing fee: $1,170 (or $390 for concession holders or those in financial hardship)
- Fixed-fee divorce application with a lawyer: $1,200 – $1,500
How Common is Divorce in Australia?
The latest Australian Bureau of Statistics figures show how common divorce is in Australia today:
- 49,158 divorces were granted in 2025, an increase of 4.1% from 47,216 in 2024
- The median length of marriage, from wedding day to separation, was 9.4 years
- The median age at divorce was 47.3 years for men and 44.4 years for women
Separation and divorce are a reality for many Australian families each year. That is why understanding the process, and the costs involved, matters.
Source: Australian Bureau of Statistics, Marriages and Divorces, Australia, 2025 (released 28 July 2026).
What Does a Divorce Involve?
In Australia, “divorce” refers specifically to the legal termination of marriage. To apply for divorce, you must:
- Be separated for at least 12 months and 1 day before signing and filing your divorce application
- Be legally married (proof required)
- Satisfy jurisdictional requirements (e.g., Australian citizenship or residency)
You can be considered separated even while living under the same roof. However, you’ll need to provide additional evidence to the Court, usually an affidavit from you and a supporting affidavit from someone else, showing that the relationship had genuinely ended.
What’s Included in a Divorce and What’s Not
A divorce in Australia refers only to the legal termination of the marriage. It does not resolve:
- Property or financial settlements
- Spousal maintenance
- Parenting or custody arrangements
These issues are addressed through separate legal processes, each with their own costs and timelines.
Sole vs Joint Applications. What’s the Difference?
| Type of Application | Who Files | Do You Need to Attend Court? | Legal Costs |
|---|---|---|---|
| Sole Application | One spouse only | Yes, if there are children under 18 | Slightly higher |
| Joint Application | Both spouses together | Usually not required | More efficient and cost-effective |
What’s Not Included in a Standard Divorce Application?
Many people are surprised to learn that a divorce application does not resolve:
- Who gets what in the property split
- Parenting arrangements or custody
- Spousal maintenance or child support
These matters need to be handled separately, often via consent orders, negotiation, or court intervention.
All of which have their own legal and financial considerations.
According to Money Magazine, fully litigated divorces can easily reach $100,000 or more, especially when drawn out over years. In contrast, alternative dispute resolution methods like mediation or arbitration can cut costs by 20–30%.
How Long Does Divorce Take in Australia?
Once your application is filed, the divorce hearing is usually set 2–3 months later. If approved, the divorce becomes final one month and one day after the hearing.
So from start to finish, expect around 3–4 months, assuming no complications.
Other Cost Factors That Could Increase Your Legal Fees
- Disputes over children or property
- High-value or complex asset pools
- Non-cooperative spouse
- Domestic violence allegations
- Urgent applications or court orders
There is variation by state, law firm, how much help you need (just filing, or also mediation, negotiation, court), whether there are children or property disputes.
Fixed‑fee vs hourly rates makes a big difference.
The filing fee (court fee) is relatively stable and official, but the lawyer fees / additional costs vary widely.
Divorce FAQs
How much does it cost to get a divorce in Australia in 2026?
In 2026, the court filing fee is $1,170. With a lawyer, a simple divorce typically costs $1,200 to $1,500. Complex divorces involving property or children can cost significantly more.
Can you get divorced without a lawyer in Australia?
Yes. You can file for divorce online through the Federal Circuit and Family Court of Australia. A lawyer isn’t required, but professional advice can prevent errors.
Does a divorce include a property settlement in Australia?
No. Divorce only ends the legal marriage. Property settlement is a separate legal process that must usually be finalised within 12 months after the divorce is granted.
How long does a divorce take in Australia?
Divorce usually takes 3 to 4 months from filing to finalisation, depending on the court schedule and whether any complications arise.
Is a joint divorce cheaper than a sole application?
Yes. A joint divorce is usually faster and more affordable, as it avoids court attendance and is filed by both spouses together.
What is the cheapest way to get divorced in Australia?
The cheapest option is a joint application filed online without legal representation. This costs $1,170 in court fees, or $390 for eligible concession holders.
Is a lawyer necessary for a divorce in South Australia?
A lawyer isn’t legally required, but professional advice can help with property, parenting, or spousal maintenance issues that aren’t included in the divorce itself.
Speak With an Adelaide Divorce Lawyer Today
Understanding the financial side of divorce can make a real difference. Whether you’re just starting the process or need clarity on legal fees, property settlement, or spousal maintenance, our experienced family lawyers are here to help.
Book your free 15-minute phone consultation with Randle & Taylor for practical, confidential advice, tailored to your situation.
