Divorce in Australia: process, costs and next steps

How much does a divorce cost in Australia?

Total cost can include the Court filing fee (or a reduced fee for eligible applicants), professional fees for advice and preparing the application, and expenses such as formally serving a sole application, translating an overseas marriage certificate, or obtaining a replacement certificate. In Western Australia, divorce applications are filed in the Family Court of Western Australia - the Federal Circuit and Family Court of Australia does not have jurisdiction in this State. The Family Court of Western Australia charges a filing fee of $1,170 for an Application for Divorce, with a reduced fee of $390 where an applicant holds an eligible concession card or demonstrates financial hardship (verified 26 July 2026 against the Court's published fees, effective 1 July 2026; the reduced fee applies to eligible concession-card holders or on financial hardship - amounts are indexed each 1 July, so confirm on the Court's fees page before filing).

• Court filing fee - paid to the Family Court of Western Australia.
• Reduced filing fee - where concession-card or financial-hardship eligibility requirements are met.
• Professional fees - advice, preparation, filing and service assistance within the agreed scope.
• Service expenses - usually where a sole application must be formally served.
• Translation and certificate costs - where a marriage certificate is not in English or a replacement copy is needed.

Cost table: filing fee, reduced fee and other expenses

This table summarises the items that can make up the total cost. Figures are quoted with their verification date and should still be confirmed on the Court's website immediately before filing, as fees are reviewed periodically.

• Court filing fee - $1,170 - applies to both joint and sole applications - paid to the Family Court of Western Australia - indexed each 1 July, so confirm on the Court's fees page.
• Reduced filing fee - $390 - applies where the applicant holds an eligible concession card or shows financial hardship (both parties must qualify for a joint application) - indexed each 1 July, so confirm on the Court's fees page.
• Professional fees - advice, preparing and reviewing the application, and coordinating filing and service - paid to Legal Care - variable, set out in a written quote after an initial consultation.
• Service expenses - engaging a process server or arranging substituted service for a sole application - paid to a process server or as directed by the Court - variable, depends on location and difficulty of service.
• Translation costs - certified translation of an overseas marriage certificate not in English - paid to an accredited translator - variable, depends on the document.
• Replacement certificate fees - obtaining a certified copy of a marriage certificate if the original is unavailable - paid to the relevant Births, Deaths and Marriages registry - variable by state, territory or country of marriage.

• Family Court of Western Australia - fees ↗

What professional (lawyer) fees may cover

Where Legal Care assists with a divorce application, professional fees can cover advice on eligibility and evidence, preparing or reviewing the application and any supporting affidavit, guidance on service, and coordinating filing with the Court. The exact scope is confirmed in writing before work begins.

Joint application versus sole application: cost factors

The Court filing fee is generally the same whether the application is joint or sole. A joint application is signed by both parties and does not need to be formally served, which can reduce procedural work and cost. A sole application usually must be formally served on the other party, which adds a service expense and, if service is difficult, additional professional time. Suitability depends on whether both parties are willing to cooperate and sign the joint application.

Separation under one roof and additional affidavit work

Where a couple separated but continued living at the same address for some or all of the 12-month period, the application generally needs additional evidence - for example about sleeping, financial and social arrangements - often set out in a supporting affidavit. Preparing this evidence can add to the professional-fee component of a matter.

Translation, service and certificate expenses

If a marriage certificate is not in English, a certified translation from an accredited translator is generally required and is paid separately from Court and professional fees. A sole application usually requires formal service, arranged through a process server or another permitted method, which is a separate disbursement. Where an original marriage certificate cannot be located, a certified replacement can be requested from the registry that issued it, which may also involve a fee and processing time.

Divorce does not decide property, parenting or child support

A divorce order legally ends the marriage. It does not itself divide property or superannuation, determine parenting arrangements or resolve child support - these are separate legal processes with their own evidence and, in some cases, their own time limits. Property-settlement time limits may apply after a divorce becomes final, so obtain advice promptly if financial matters remain unresolved.

Process

1. 1

   Confirm eligibility - generally 12 months' separation and a connection to Australia.

2. 2

   Decide whether to apply jointly with your former spouse or make a sole application.

3. 3

   Gather the marriage certificate and arrange a certified translation if it is not in English.

4. 4

   File the application with the Family Court of Western Australia and pay the filing fee, or apply for the reduced fee if eligible.

5. 5

   Arrange formal service of a sole application on the other party.

6. 6

   Attend the hearing if required - generally only where there are children under 18 and it is a sole application.

7. 7

   Receive the divorce order, which takes effect one month and one day after the hearing.

What to prepare

• Marriage certificate, with a certified English translation if it is not in English.
• The date you say the marriage broke down and details of the separation, including any period under one roof.
• Whether the application will be joint or sole, and the other party's current address for service if sole.
• Details of any children under 18 and existing parenting arrangements.
• Any existing court orders, agreements or related proceedings.
• Whether you hold a concession card or may otherwise qualify for the reduced filing fee.

Risks, deadlines and common mistakes

• Property-settlement and spousal-maintenance time limits generally run from when the divorce becomes final - seek advice before that date if finances remain unresolved.
• A sole application that is not properly served can delay or prevent the divorce order being made.
• A missing or uncertified translation of an overseas marriage certificate can delay filing.
• Assuming a joint application avoids the Court filing fee - the fee is still generally payable.