How much does a divorce lawyer cost?

The average cost of divorce in Australia can range anywhere from $300 to over $200,000. Each case is different. There are vast differences in solicitors fees for divorce, ranging from $300 to $650 per hour or more.

Uniform laws govern 70% of what divorce lawyers can charge. However, even though this law places upper limits on fees, there are still considerable differences. Some lawyers charge a flat fee for a certain number of services. Others charge an hourly rate and have itemized lists that can be added on as the case progresses. 

Australian law dictates the court fees that can be charged within the states. Location is not the most significant factor that affects lawyer fees, which makes it difficult to develop a comparison by state.

Below is the average cost of an initial consultation in different Australia states:

State	Average Cost
NSW	$360
VIC	$365
WA	$385
SA	$380
QLD	$385

 

There are some states where you can get a do-it-yourself kit online and file the divorce proceedings yourself, but there are many reasons why you should not consider doing this. Even though it may look cheaper, in the end, it can cost you significantly. If your soon-to-be ex-spouse has a good lawyer, they know nuances that you do not, and you can end up paying significantly more in spousal maintenance, child support, and end up with more than your fair share of the costs.

There is usually no such thing as a cheap, easy divorce. When you begin to add up divorce lawyer fees, court fees, and other miscellaneous fees throughout the case, the price can rise quickly. Solicitor fees for divorce are only one small part of the equation. Here are some other things that might cause the cost of a divorce to rise significantly.

• Length of the case – the longer the case goes on, the more fees you will incur. 
• Lawyer’s experience and skills – divorce fees vary according to the lawyer’s experience and skill level. 
• Whether children are involved – when children are involved, it often leads to a lengthy court process, and there are a few extra steps involved. 
• Whether the property is involved – when a property is concerned, it usually requires division. This process can also add to the cost of the process and the length of time that it takes.
• No win, no fee lawyers. Some lawyers will take their fees out of anything that you win, but the caveat is that they will only take cases where they are sure that they will prevail.

Other costs are also associated with hiring a divorce lawyer in Australia. The process for divorce is not easy, and courts want you to explore other alternatives before you decide to make the split final. 

Separation costs:

Due to the Family Law act of 1975, you must have been separated at least 12 months and one day to apply for a divorce. The cost of a lawyer for separation matters also adds to the cost of the final divorce.

Divorce application fee:

The cost of divorce application fees and divorce process cost can be steep. The average cost of a divorce application in Australia is around $900. Depending on the filers’ financial circumstances, this can be reduced to as low as $300.

Required counselling

If you have been married for less than two years, when you file for divorce, you will have to attend court-appointed counselling for a certain length of time before you will be allowed to submit the final divorce application. This counselling also costs money and adds time to the court case.

Potential child support costs

The number of children affects child support costs and is another factor that adds to the process’s cost. It also adds to long-term costs. 

Potential property settlements costs 

The larger the number of assets, the more it costs to separate them. 

Expert witnesses

If you or your spouse decide to use expert witnesses to argue their points in the case, it can cost up to $1,000 a day.

If you decide to get a divorce, hiring a lawyer is the most important decision. Here are a few tips for choosing the right one and keeping fees as low as possible.

How to create an accurate estimate 

Unless the divorce is a straightforward case, it is difficult to determine the fees involved. Your spouse may have a few surprises that can change the costs significantly. Still, there are some things that you can do to help your lawyer give you the most accurate estimate possible. 

• Be honest about your situation, and do not try to hide things from your lawyer. 
• Gather your records and financial statements in an organized fashion. 
• Be prompt and get your information to your lawyer as efficiently as possible. 
• Do not make agreements with your spouse outside of the legal arena and follow your lawyer’s directions regarding contact.

Licencing and qualifications

One of the factors that determine the cost of a divorce solicitor is their experience and qualifications. At a bare minimum, your lawyer must meet specific education and licensing requirements. The Australian Bar Association sets the requirements and standards for Australian barristers. Here are some of the qualifications that you should look for when hiring A lawyer.

• Bar Association membership: Your lawyer should be a member of the Australian Bar Association and have a license in good standing. 
• Licence to practice: The lawyer should have a licence permitting them to practice in the state from their legal practice admissions board. This typically involves registration requirements in passing an exam.
• Check disciplinary actions: Admission to the Board means there’s a complaint process, and the lawyer can face disciplinary actions for unethical behaviour. Be sure to check with your state board for any past disciplinary actions or complaints.

Divorce in Australia is a costly process, but there are some things that you can do to save a little bit of money when hiring a divorce lawyer. 

• Shop around and compare. Make sure that you understand what is included in each of the price schemes. 
• Do research ahead of time, and make sure that you meet the requirements for obtaining a divorce. 
• Be prepared with your documentation and any information that your lawyer will need.

 

* The cost data is based on Oneflare and third-party sources