The divorce cost in NSW can vary depending on several factors.
As of July 1, 2023, here is the new breakdown of the approximate costs involved in a divorce in NSW set by the Family Law (Fees) Regulations 2022:
- Application fee: $1,060
- Reduced fee application: $350
- Application for consent orders: $195
- Initiating Application (Parenting OR Financial, Final only): $410
- Initiating Application (Parenting OR Financial, Final AND Interim): $550*
- Initiating Application (Parenting AND Financial, Final only): $670
- Initiating Application (Parenting AND Financial, Final, AND Interim): $810*
- Setting down for hearing fee (defended matter) (This fee is not refundable): $745 (Div2) to $1010 (Div1)
- Daily hearing fee (for each hearing day, excluding the first hearing day): $745 (Div2) to $1010 (Div1)
- Conciliation conference: $465 (both)
Additional costs that may be incurred include:
- Expert reports: $5,000 to $10,000
- Mediation: $2,000 to $5,000
- Financial advice: $500 to $2,000
- Legal Fee: Depending on the type of lawyer involved in the case, the cost can be per hour or per day, ranging from $350 up to $6,000.
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ToggleWhat Factors Can Affect the Overall Cost of a Divorce?
The overall cost of a divorce in New South Wales (NSW) can be influenced by a range of factors, including:
Complexity of the Divorce
The more complex the divorce, the higher the costs are likely to be. This includes factors such as:
- Disputes over property and assets: Dividing property and assets can be a complex and time-consuming process, especially if high-value assets are involved.
- Children involved: If children are involved, there may be additional costs associated with issues such as child custody, child support, and parenting arrangements.
- Financial issues: If complex financial issues are involved, such as business interests or superannuation, the costs will likely be higher.
You can always choose an amicable divorce, but it will always be up to you and your ex-partner.
The MV Luna and Divorce Settlement
The MV Luna, a nine-deck, 115-meter-long superyacht, is at the heart of the divorce settlement between Russian oligarch Farkhad Akhmedov, 62, and his ex-wife Tatiana Akhmedova, which has set records for the highest stakes in the United Kingdom.
Ordered by Judge Charles Haddon-Cave of the High Court in London, Ms. Akhmedova is set to receive 41 percent of her former husband’s assets, totaling approximately 453 million pounds (AU$825 million). Farkhad Akhmedov’s estimated fortune is worth 1.3 billion pounds (AU$2.37 billion).
Acknowledging the reputation of London courts as favourable venues for handling divorce settlements involving immense wealth, individuals can utilize this checklist as a starting point to navigate the complexities of high-net-worth divorces effectively.
There is generally a fairer division of assets, as judges recognise the value of homemaking as equal to the value of earning money for a family.
Mr Akhmedov remains very reluctant to transfer ownership of his yacht. He says he has supported his wife since their relationship ended and has drawn parallels between his situation and the bad relations between the British government and the President of Russia Vladimir Putin.
He also argues that any transfer of ownership would entail a long legal procedure and that Luna’s value may have depreciated by the time any arrangement was finalised
Asset Concealment
Despite Mr. Akhmedov’s attempt to sell the MV Luna to an offshore company in 2014, the court ruled it as a concealment of assets. The yacht, the second-largest expedition yacht globally, is currently impounded in a dry dock in Dubai.
The superyacht boasts opulent features such as a 20-meter outdoor swimming pool, a mini-submarine, 50 crew members, two helipads, and an anti-missile system. Akhmedov acquired the yacht from fellow Russian oligarch Roman Abramovich in 2014, the same year he and his wife filed for divorce.
This high-profile divorce case has witnessed Akhmedov’s attempts to shield his wealth, including allegations of relocating his 90.5-million-pound (AU$165 million) modern art collection to Lichtenstein.
Also read: Intimate Betrayal: All About Revenge Porn Laws
Enforcement of Court Order
Since the divorce proceedings commenced in 2014, Akhmedov has faced challenges in complying with the court’s order to pay the 41% settlement. Judge Haddon-Cave has emphasized the need for swift enforcement of the superyacht handover.
The protracted legal battle has spotlighted the efforts of high-profile individuals, including businessmen, bankers, and financial professionals, in navigating the complexities of costly divorces in the UK.
Whether You Use Legal Representation
You have the right to proceed with the divorce without a lawyer, but you must always be prepared for all the legal effects of doing so. On the other hand, you must pay your lawyer’s fees if you choose to use legal representation. These fees can vary depending on the lawyer’s experience, the case’s complexity, and the location of the lawyer’s practice.
Whether You Go to Court
If your matter goes to court, you must pay additional court fees. These fees include filing, hearing, and expert witness fees.
Whether You Use Mediation
Mediation is a less adversarial way to resolve a divorce than going to court. However, mediation’s cost is still associated, ranging from $2,000 to $5,000.
Your Location
The cost of divorce can also vary depending on your location in NSW. Lawyers in major cities typically charge higher rates than lawyers in regional areas.
Here are some additional factors that can affect the cost of a divorce in NSW:
- Whether there are any restraining orders involved.
- Whether there are any allegations of domestic violence.
- Whether there are any international issues involved, such as if one spouse lives overseas.
It is important to note that these are just estimates, and the actual cost of your divorce may be higher or lower. The best way to get an accurate cost estimate is to speak to a divorce lawyer.
Who is Entitled to a Reduced Filing Fee?
In New South Wales (NSW), Australia, certain individuals are eligible for a reduced filing fee for divorce or decree of nullity applications. These individuals must demonstrate financial hardship or hold certain government concession cards.
Financial Hardship
If you are experiencing financial hardship, you may be eligible for a reduced filing fee. To determine eligibility, you will need to provide evidence of your financial situation, such as:
- Income statements
- Bank statements
- Rent or mortgage statements
- Utility bills
- Medical expenses
Also read: 5 Simple Truths About A Husband’s Divorce Rights
Government Concession Cards
You are automatically eligible for a reduced filing fee if you hold a government concession card. These cards include:
- Health Care Card
- Pensioner Concession Card
- Commonwealth Seniors Health Card
- Department of Veterans Affairs Gold Card
- Department of Veterans Affairs White Card
Also read: Change of Name After Divorce in Australia: A Step-by-Step Guide
Simplify Your Divorce Cost NSW with Justice Family Lawyers
Are you worried about the cost of getting a divorce in NSW? At Justice Family Lawyers, we make things easier and cheaper for you. Our team knows that paying for a divorce can be hard, and we don’t want you to stress about money.
We’re honest about our legal fees so you won’t find surprises. Whether you can pay less because of your situation or you need full help from us, we’re here to support you. Let us handle the hard legal stuff while you focus on your new start. Reach out to Justice Family Lawyers now for a wallet-friendly divorce process.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
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