Who Pays The Court Fees in a Financial Settlement
- In a financial settlement, court fees are paid by each party.
- In general, if you are the party who makes the application to the court, then you have to pay slightly more court fees. This ends up being an extra $200 or so.
- Individuals with financial hardship can apply for assistance from the court, such as a reduction or waiver of court fees.
- You may be eligible for legal aid if you are on Centrelink or you are a low income earner.
When it comes to financial settlements from a divorce or separation, court fees may be applicable depending on the circumstances.
It is important to understand who is responsible for such fees, as it can have significant financial impact on the parties.
The court charges certain fees based on the court event. For example, a divorce application in 2023 costs $990 in court fees. This does not include any legal fees you may have incurred to prepare the divorce application.
In circumstances where an individual faces financial hardship and is unable to pay the court fees, assistance from the court may be available.
This could include a reduction or waiver of court fees. This type of assistance may be available in order to help individuals who are in difficult financial situations and to enable them to have an equal access to justice.
The court may take into account factors such as income, assets, financial resources and debts.
Court fees and legal fees are two different things
It is important to understand that court fees are not the same thing as legal fees.
Court fees are payable to the court. Legal fees are payable to your lawyers.
It is important to be aware that legal fees in financial settlements are paid by each party directly to their own lawyers. In most cases, your fees would range from $5000 – $30,000 to finalise a financial matter.
If you have any questions regarding who pays court fees in financial settlement, please contact us at Justice Family Lawyers.
Our experienced family law team can provide you with the advice and support you need to understand applicable court fees and processes. We are here to support you every step of the way.
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.