The answer to this commonly asked question is that it really depends on you and your ex-partner’s existing relationship.
If you are able to work through your separation in a calm and relatively amicable way, the cost will generally be far less and you will likely reach an agreement much faster.
What is the average cost of a divorce or separation in Australia?
Our research shows that the average cost of separation and divorce in Australia is $21,000 per person. According to Money Magazine, if your matter goes to court, the average cost is between $50,000 and $100,000 and can take up to 3 years.
The alternative, done through a fair and equitable pathway such as Guided Separation, can cost as little as $3000 per person to reach an agreement, plus court and filing costs.
85% of The Separation Guide’s clients get through for under $10,000.
This infographic explains the cost of divorce and separation. It shows the different paths and timeframes for each outcome. Click on the graphic for a closer look.
It explains the cost and timeframe for:
- reaching an agreement yourselves
- following Guided Separation with a mediator
- using separate family lawyers
- going to Court, where you need legal advisors and barristers to represent you
You can see from this cost and time breakdown that there are many benefits if you remain amicable.
However, this is not possible in every situation — and there’s definitely no one-size-fits-all when it comes to separation.
Settlement in Court
Sometimes it will be necessary to go to Court for a fair and equitable outcome. But we believe this should be a last resort. So do all the family lawyers in our Network.
Which process is right for you?
Our 3-minute Q&A is designed to help you figure that out and put you in contact with experts to guide you through the maze.
You can also check out our Pricing page.
How can I pay for my separation?
Do you have property in your asset pool? You may be eligible to release equity in your home or investment property to pay the upfront costs of separation and pay it back when your property settlement is finalised. JustFund is the family law finance provider in our network who can help.
JustFund is Australia’s only dedicated family law finance provider. What sets the JustFund team apart from other legal finance providers is their expertise in family law and the complexities of separation. They understand separation is stressful and financially challenging, and they take pride in providing quality service and treating clients with respect and support.
Some other JustFund differences:
- check your eligibility with JustFund before you hire a lawyer
- apply for funding for unpaid legal fees
- primary caregiving or part-time employment doesn’t exclude borrowing
- apply even if you’re not on the property title, or you have already sold a property, and your funds are held in trust
- pay only from the proceeds you receive from your property settlement
- apply for a minimum $5,000 and up to 25% of your expected settlement value
- in-house family lawyers assess your eligibility based on their understanding of the law.
JustFund’s financing options exist so you can focus on achieving a better outcome with the financial resources you need. Get peace of mind to seek legal advice by checking your eligibility.
Enquiring with JustFund won’t affect your credit score, and there’s never any obligation to apply if you receive a pre-approval. Read more in JustFund’s Borrower Guide.
Key takeaways
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- The average cost of separation and divorce in Australia is $21,000 if you don’t go to court.
- The financial costs of separation and divorce vary widely. In general, the more amicable you are, the faster and cheaper your matter will be.
- Mediation fees and family law fees can be kept lower by doing some of the work yourselves and being educated about the process.
- Court is sometimes necessary for a fair outcome and is there for people who need the protection of the law.
The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.
Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.
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