While some lawyers offer fixed fee arrangements for certain stages of a divorce, such as filing the initial application, a fully fixed fee for an entire divorce proceeding is uncommon. This is because the complexity and length of a divorce depend heavily on the specific circumstances of each case.
What do fixed fees usually cover?
Fixed fees in family law typically cover discrete tasks. For example, preparing and filing an Application for Divorce currently costs $1,125 in court fees, and a lawyer might offer a fixed fee to handle that specific step. Similarly, preparing and filing Consent Orders has a court fee of $205, and a lawyer may offer a fixed fee for this service. However, these fixed fees do not cover contested matters or complex property settlements.
What about the court fees themselves?
The Family Court does not set lawyer fees; these are determined by individual firms. However, court fees are set by Federal Government Regulations – Family Law (Fees) Regulations 2022. As of July 1, 2025, the fees for various applications are as outlined in the gazetted annual increases. These fees do not include GST.
What determines the overall cost of a divorce?
The total cost of a divorce is influenced by factors like whether it’s a simple or complex case, the level of agreement between parties, and whether court proceedings are necessary. If your matter proceeds to a defended hearing, costs will increase significantly due to the time spent preparing and presenting evidence, and the associated court fees such as the setting down for hearing fee which ranges from $790 to $1,070 depending on the division.
The negotiation challenge
A significant difficulty in family law is accurately predicting the time and resources a case will require. Negotiations can stall, requiring further court appearances and legal work. Unexpected issues, such as undisclosed assets or disputes over parenting arrangements, can also dramatically increase costs. It’s difficult to provide a truly fixed fee when the other party’s actions are unpredictable.
Questions to consider
- What is your appetite for risk, knowing that costs could increase if the matter becomes contested?
- Have you gathered all relevant financial documentation to streamline the process?
- What are your priorities – minimising legal fees, or achieving the most favourable outcome possible?
This information is general in nature and does not constitute legal
advice. For advice specific to your situation, contact JB Solicitors.