Understanding the initial costs is paramount before embarking on the journey to end a marriage. The first expense you will encounter is the application fee. In Australia, this fee is set at $1060 (increased from $990 in July 2023). However, the government acknowledges that financial difficulties should not hinder those seeking to end a marriage. If you are a government concession cardholder or are facing financial hardship, you may be eligible for a reduced fee of $350.
Although the application fee makes up a significant portion of the initial divorce cost, there’s more to the story. Additional costs may arise depending on the circumstances of your case, such as third-party charges, postage, and court fees. Being aware of these potential costs is necessary, as they can inflate the overall expense of the divorce.
Eligibility for Reduced Fees
So, who is eligible for the reduced divorce application fee of $350?
First off, the reduced fee is available to those who hold certain government concession cards:
If you aren’t a holder of any of these cards, then you may also be eligible for the reduced divorce filing fee if:
If none of these apply to you, then your only remaining path to a reduced fee is to prove that you are experiencing financial hardship. According to the Federal Circuit and Family Court of Australia, you may be eligible for a reduced fee “if your income, day-to-day living expenses, liabilities and assets are at such a level that payment of the full fee would cause you financial hardship.”
To demonstrate financial hardship, there is a three-part test that you must undertake that includes:
Even if you don’t qualify for the reduced filing fee based on these tests, there are still some circumstances where paying the full divorce fee would cause financial hardship. This is considered on a case-by-case basis in your application form.
For more, read the full guidelines on reduced-fee divorce applications.
In summary, if you’re under financial strain, don’t let the full fee deter you from proceeding with your divorce application. If you have a strong case that you are genuinely unable to afford the full fee, you will likely be eligible to get the reduced fee.
