Divorce can be one of the most emotionally and financially difficult periods in your life.
While no one marries with separation in mind, it happens every day. Understanding the true cost of divorce in Australia can help you make clearer decisions and avoid unnecessary stress.
In this article, we’ll discuss the real numbers, explore ways to reduce your costs, and highlight where proper planning and legal advice can save you thousands.
Divorce in Australia
According to the Australian Bureau of Statistics, around 47,216 divorces were granted in Australia in 2024., with the median duration of marriage being around 13.2 years. While the emotional cost is hard to measure, the financial side is far more tangible.
A simple, uncontested divorce in Australia starts at $1,125 for the filing fee alone. That’s assuming both parties agree and there are no complications.
However, the costs can quickly escalate.
Legal fees for even a fairly simple divorce can cost more than $4000, and contested cases range from $10,000 to over $100,000, depending on the complexity of the matter, especially when financial settlements or parenting arrangements are involved.
If litigation is required, particularly for parenting disputes, costs can rise well into the six figures.
How some people try to save money on divorce
It’s understandable to want to minimise costs, especially when emotions are high and finances are stretched. Some common approaches people take to cut costs include:
DIY divorce applications through the Federal Circuit and Family Court of Australia portal
Using online legal templates for parenting or property agreements
Relying on mediation services rather than court hearings
Avoiding legal representation altogether
While these options may seem budget-friendly, they often come with risk.
A DIY approach can backfire if you complete forms incorrectly or overlook important financial considerations. We often see clients needing legal help after a DIY settlement goes wrong, which can end up costing more to fix than it would have to do properly in the first place.
Mediation works well for amicable separations, but even then, it’s wise to have a solicitor review the final agreement to ensure it’s legally binding and protects your future.
Planning ahead with a binding financial agreement
One of the most effective ways to reduce the cost and stress of separation is to plan ahead, especially if you’re entering into a marriage or de facto relationship. It doesn’t sound particularly romantic, but I think it’s a real act of commitment to sit down and have the hard conversations.
This is where Binding Financial Agreements (BFAs) come into play. These agreements (commonly referred to as prenups) outline how assets and liabilities will be divided in the event of a separation.
BFAs can be created:
Before marriage or moving in together
During the relationship
After separation
It is mandatory to get independent legal advice when creating a BFA.
While the upfront cost of a BFA may range from $2,500 to $7,000 depending on complexity, it’s a fraction of what a court battle could cost.
They provide peace of mind and help both parties avoid lengthy and expensive disputes. Importantly, they must meet strict legal requirements to be enforceable, including each party receiving independent legal advice.
Why legal advice can save you money long-term
Seeking legal advice early in the divorce process might feel like an added expense, but it often leads to significant savings and better, fairer outcomes.
Here’s how a divorce lawyer can help reduce costs:
Clarify your rights and obligations, preventing you from agreeing to unfair terms
Negotiate fair outcomes without the need for costly court proceedings
Draft accurate, enforceable documents that won’t be challenged later
Support mediation by helping protect your interests
Help you avoid common mistakes that cost time, money, and emotional energy
Even if you think your divorce is simple, it’s worth having a short consultation to understand your position. One overlooked asset or missed clause can have serious long-term consequences. You can find out more about divorce in this legal guide here.
Divorce is rarely easy, but it doesn’t have to be financially devastating. With the right planning and legal support, you can navigate the process with clarity and control.
Key takeaways
Divorce in Australia can cost from $1,125 to over $100,000, depending on complexity.
DIY approaches may save money but can lead to costly mistakes and legal issues.
Binding Financial Agreements (BFAs) can minimise future disputes and costs if planned ahead.
Early legal advice can clarify rights and prevent unfair agreements, saving money long-term.
Proper planning and support can help you handle divorce without financial devastation.
