Our Set Fee Divorce Services is the Convenient Way to Finalise Your Divorce Application
Divorce applications in Australia can be made without a lawyer. However, many people prefer a family law solicitor assist them with the process of finalising their divorce.
To determine if we can offer you a fixed fee divorce, we will ask you:
Have you already separated from your spouse?
Have you lived separately and apart for at least 12 months?
Does your spouse consent to the divorce?
Are there care arrangements in place for any children who are currently under 18 years of age?
Are you and your spouse Australian citizens or residents, with Australian mailing addresses?
Is your marriage certificate in English?
Get in touch with us today
Call us now and one of our friendly team will help you book an initial consultation with one of our expert family lawyers.
Ready to Get Started?
If you can answer yes to all the above questions, our fixed fee divorce service may be available to you. You can book a free appointment to speak with one of our team to confirm your eligibility for divorce.
Our fixed fee divorce service gives you peace of mind knowing that your divorce application is managed by a qualified lawyer, while keeping costs to a minimum.
Hayley Cunningham – Accredited Specialist (Family Law)
How Does it Work?
To begin the fixed fee divorce process, we will undertake an initial consultation with you at our office at our normal rates. The initial consultation fee will then be deducted from the total cost of your professional services with us.
In support of your Application for Divorce we will also need from you:
A copy of your official marriage certificate
A copy of any previous orders made between you and your spouse (e.g. property, parenting)
A copy of any other orders currently in place (e.g. protection order)
Proof of identity and Australian residency (e.g. passport, driver’s license)
We can proceed with the initial consultation and preparing your Application for Divorce without all the above, however we will need all those details before it can be finalised and submitted.
Fees for Divorce Applications
Our fixed fee divorce service includes:
- An initial consultation with you to collect information and verify that you can proceed with a divorce application
- Preparing a draft Application for Divorce for your approval
- Serving your spouse or their solicitor with the Application for Divorce
- Filing your Application for Divorce with the Federal Circuit Court of Australia
The fees start at $980 (incl GST) plus the court filing fee of $1125 (correct as of 1 July 2025).
Additional Costs
Although most divorces fall within the scope of our fixed fee service, there may be additional costs in some cases, such as:
- Acquiring a copy of your marriage certificate from another country
- Translation of non-English marriage certificates
- Requiring the use of a process server to serve documents to your spouse
- Your spouse refusing to sign the application or accept documents
- Affidavits to provide additional supporting information to the Court
- Attendance at Court by a solicitor
However, we will provide you with a set fee quotation for you to accept before we begin work, so you will have certainty as to your costs.
Ready to Get Started?
You can book a free appointment to speak with one of our team to confirm your eligibility for divorce and our fixed fee offering.
Frequently Asked Questions About Fixed Fee Divorce
What if we are not separated yet?
The earliest you can apply for a divorce is 12 months and 1 day from the date you separated from your former partner. The law does allow for couples to try to save their relationship (reconciliation) once, for a period of up to three months, without restarting that 12 months separation time limit again. Any time spent attempting reconciliation is simply added on to the 12-month time limit.
What if we have not lived separately?
Separating doesn’t involve any formal procedures. In most cases, you and your partner simply agree that the marriage (or de facto relationship) is over and physically go your separate ways. However, it is still possible to be separated without living in separate residences. In such cases we can assist you with preparing an affidavit describing your living arrangements while separated. We will discuss these additional fees with you in your appointment.
What if my spouse does not consent to getting divorced?
Australian law uses the principle of “no fault” for divorces. The only ground for divorce is that the marriage has broken down irretrievable. Therefore, there is very little wiggle room for your spouse to oppose the divorce. Your spouse may oppose if:
- You have not been separated for 12 months (e.g. they dispute the date of separation)
- The Court does not have jurisdiction (e.g. you are not an Australian citizen or resident for at least 12 months)
If your spouse opposes the divorce, they must file a Response to Divorce with the Court and attend on the date of the Divorce Hearing.
Will arrangements for custody or shared care of our children be dealt with as well?
Parenting arrangements are not dealt with by the Court as part of the Application for Divorce.
However, if you have children with your spouse, the Application for Divorce will need to include details of the parenting arrangements for the children. If you have not formalised your parenting arrangements, please ask how we can help.
Will our property settlement be dealt with as well?
Division of property is not dealt with by the Court as part of the Application for Divorce. If you have not yet finalised your property settlement, we recommend you attend an initial consultation with one of our solicitors for advice about the risks and entitlements of your unique circumstances.
What if we are not both Australian citizens or residents?
An Australian mailing address for both you and your spouse are required to be included in your Application for Divorce. If you do not have an Australian mailing address you can use a friend or relative’s address that will forward your mail for you, or use a forwarding service.
If your spouse has no Australian mailing address there may be additional costs involved in completing the Application for Divorce, serving them with documents, or preparing affidavits for the Court outlining our efforts to contact them.
How long does an Application for Divorce take?
After we have received all the required details, we can prepare the Application for Divorce, which usually takes 1-2 weeks if it is a straightforward matter with no delays from the other party signing the application.
The Application for Divorce can be filed no earlier than 12 months and one day from the date of separation. Once the application has been filed with the Court it will be listed for a Divorce Hearing, usually within 6 weeks.
If the divorce is granted, a Divorce Order is issued by the Court one month and one day after the hearing.
So, a straightforward divorce with no delays or other additional factors can usually be completed in about 12 weeks.
Am I eligible for the reduced Court filing fee?
The Family Court of Australia website has information about eligibility for reduced fees, and states that:
You are entitled to apply for a reduction of divorce fee – General if:
- you hold any of the following cards issued by the Department of Human Services: health care card, pensioner concession card, Commonwealth seniors health card or any other card issued by the Department of Human Services or the Department of Veterans’ Affairs that certifies your entitlement to Commonwealth health concessions, or
- you have been granted Legal Aid, or
- you are receiving youth allowance, Austudy or ABSTUDY payments, or
- you are aged 18 or under or an inmate of a prison or otherwise legally detained in a public institution.
Warning: Under the Criminal Code any person who knowingly makes an untrue representation or statement to obtain a benefit or advantage from the Commonwealth is guilty of an offence and, if found guilty, can be fined or imprisoned.
Note: Where there is more than one applicant to an application, all applicants must meet the requirements for an exemption/reduction or the full fee applies.
Will I need to attend court?
This depends on the details of your divorce.
If there are children under 18 years and you are making a sole application (e.g. spouse refuses to sign, or can’t be located), you are required to attend Court. We can attend with you or on your behalf if you are not able to appear yourself. There will be additional fees for one of our solicitors or an agent to attend Court.
If there are no children under the age of 18 years, you are not required to attend Court.
If there are children under 18 years and you and your spouse are making a joint application (you both agree to the divorce), neither of you are required to attend Court.
When do I need to pay?
After we have provided you with a quote, we will send you a retainer and costs agreement to sign along with instructions to pay the set fee amount into our trust account. We will issue invoices at two stages of the divorce application (the first after filing the application, and the second upon finalisation of the matter), and those invoices will be paid from the funds we hold in trust on your behalf.
Ready to Get Started?
You can book a free appointment to speak with one of our team to confirm your eligibility for divorce and our fixed fee offering.
What You Can Expect from Us as Your Family Lawyers in Brisbane
We understand that this can be a stressful time, especially as you seek to protect property that you feel is rightfully yours. Whether you need to make arrangements to divide property or you need help untangling the additional complexities inherent in a financial settlement after separation, our team is here to provide you with access to many years of combined experience and a focus on an acceptable outcome.
Using our services, you can expect:
Clear, honest insights and advice from the moment you choose to engage our services. We waste no time in aiding our clients by laying out the facts and the various options you have for proceeding.
Robust representation before the courts when necessary. Though putting settlements in the hands of the court will tend to make orders within a predictable range of outcomes, having solicitors that understand the procedures and know how to argue in your favour is essential.
An advocate in your corner. During a divorce or separation, it can feel as though you’re in this alone. We work to ensure that you know you’re not; we are here to advocate for your best interests.
See What our Clients Have to Say About Our Family Law Services
“Hayley, and the whole team at family law group are a breath of fresh air. They’re honest, respectful, compassionate and direct in addition to being highly, highly skilled.”
“Family Law Group solicitors are not only professional in their approach but are patient and personable. They make sure that you are completely understand what is required from a client perspective and go that extra mile to ensure you are at ease.”
“No words can ever express what Hayley and her team have done for us. Life has completely turned around for the better. Got a hard case dealing with a narcissist then this is the team you need.”