Free Divorce Information

Getting divorced can be like going to the dentist. You may suffer pain and discomfort and in the end, you have to pay for it. Divorce is often like that. The pain varies from marriage to marriage but very few couples escape without parting with at least some of their hard-earned cash.

There are a number of variables and you will need to apply each fact to your own situation.

Choosing a Lawyer

We are assuming you are not going alone in obtaining your divorce and so choosing a lawyer is the first step. And one of the problems with many people facing a divorce is that they have had little or no experience with lawyers.

Don't be in a hurry to choose your lawyer, have a list of questions prepared and interview prospective lawyers at least by phone.

You will soon discover that fees charged by lawyers vary. And a form of discrimination exists too. Living in a large capital city may mean you pay less than someone out in the sticks. Ask around and get prices to make a comparison. You wouldn't buy a car or a fridge without making a price comparison. Do the same when ascertaining the charges and fees made by lawyers.

The Basics

Remember that obtaining a divorce is the basic step but if there are children and property issues to resolve, costs then are over and above the basic divorce. Property can vary from simply a house, car and cash to something more complex with superannuation and trusts. But let's assume you have found a lawyer and remember that his or her fees are a separate issue. First up you must pay a fee to the court.

Courts and Fees

In Australia you can seek a divorce from the Family Court or the Federal Magistrates Court. On July 1, 2008, a basic application fee to the Family Court was $682 and for the same application, the Federal Magistrates Court charged $432. You may be pleased to know that the federal government, which sets these fees, does not charge GST on these amounts. You should also know that people in financial difficulties can apply to the court for consideration to be exempt from payment of fees.

Now remember this initial application fee is essential and for the basic business of being legally divorced and thus, if you wish, being free to re-marry. The courts charge additional fees for additional matters. If you have matters involving a child or children and/or property, then new fees apply.

There is a hearing fee of $540 in the Family Court and $390 in the Magistrates Court if the matter is defended i.e. if your spouse wishes to contest whatever is in dispute. If you are unhappy with a decision in one of these courts and wish to appeal to the Full Court, a fee of $840 is required.

Full details and current charges from both the Federal Magistrates Court and the Family Court are listed on-line at www.familycourt.gov.au.

Lawyers

Their costs are additional to any and all fees charged by the courts. Lawyers charge GST on accounts for their services. Lawyers will charge for consultations by phone, by letter (and email) and in person. They will charge for the time they take to research your case and for the administrative staff who type letters, photocopy documents and answer phone calls concerning your case. They may even charge for the postage in sending you their bill!

They will charge for the time they spend representing you in court but like many of their charges, the amount varies.

You see lawyers are a bit like dentists and doctors and many other professionals. Their fees vary. Most lawyers charge an hourly rate and list all the time they and their staff spend working on your file. If the charge is $100 per hour plus GST, and your lawyer spends 5 hours working on your divorce, you can determine that your lawyer will invoice you for $550.

Now if you ask your lawyer to represent you in court, even for the basic application, the lawyer will charge a fee. It may be a flat daily fee regardless of how long it takes for your case to be heard. Let's say the fee is $650 a day plus GST. The application for the divorce should and, in the vast majority of cases, will not take long. But resolution of matters regarding children and property, particularly if contested, can take several days. The point here though is that you can discover the fees up front. Lawyers will have a list of their fees and charges and you should obtain this before selecting your legal representative.

Barristers

A barrister is the professional engaged by your solicitor to argue your case regarding children and/or property. Usually the barrister invoices your solicitor who in turn passes this cost on to you. Again charges by legal people vary but $1,000 a day plus GST for a barrister would not be near the top end of the table. Try $5,000 a day plus GST. As with solicitors, you need to ask around.

Free or Almost Free lawyers

Pro bono lawyers are those who work without payment and some lawyers operate on a no win no fee basis. Legal Aid exists to provide legal advice to those who are in financial hardship and unable to afford a solicitor. You may wish to consider these possibilities.

But whatever you do and whoever you hire, remember that in many divorces, it is said that the only winners are the lawyers.

A divorce where the couple has no children and no property or, where they agree on the split of their joint estate, can be a relatively cheap experience. However, if there are children and a sizeable estate which is contested, the cost to each party who engages a lawyer can be steep and then some. Remember that love hurts and divorce costs.

Here are additional resources you might be interested in:

How to Conduct a Do It Yourself Divorce in Australia?

How to Get a Divorce in Australia

If you plan to get a divorce in Australia, the Aussie Divorce Services can guide you.

But before you go into a divorce, there's an excellent ebook about deciding whether to Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.