We need to talk about the cost of divorce in 2024.

Talking about divorce when you’re in a happy marriage can feel a bit like planning for your death on your sweet 16th — it just feels… wrong.

But, much like making a will (while we’re here, take this as your cue to get on that), becoming divorce-literate is one of the healthiest things you can do for your future emotional (and financial) well-being.

The reality is, about half of marriages end in separation, so it pays to put your pragmatic grown-up hat on just in case your fairytale ending turns out not so happily ever after.

So, what is the cheapest way to get divorced in 2024?

The cost of divorce in Australia can vary anywhere between $350 to $300,000. However, when people talk about divorce costing a mint, they're generally referring to the broader financial implications involved in the divorce settlement where there are disputes over the division of assets and custody of kids.

The good news is that filing for divorce in and of itself is pretty cheap, with a fee paid to the Federal Circuit and Family Court of Australia of just $1060 (though you may even qualify for a reduced fee of $350 if you have a concession card).

So, if your split is more of a 'conscious uncoupling' and each partner is on the same page, you could be sitting pretty. But let's face it, most breakups aren't like that, and you're more than likely to need some guidance when it comes to going your separate ways.

How do you get professional advice if you're on a budget?

For couples who want to more clearly know the cost of divorce, fixed-fee services like Simple Separation can be a perfect option. It's suited for those who want to keep things civil, stay out of court and get the whole thing sorted faster (and for a fraction of the cost).  

Simple Separation offers a unique and efficient solution for Aussie couples looking to separate amicably, with cost averaging between $2000 and $7000 per person. Their tailored packages cover all needs, from financial settlements and child arrangements to mediation, legal advice, conveyancing, wills, and divorce coaching for emotional guidance. 

Fully online and accessible Australia-wide, their specialist team can help you navigate your separation from start to finish, so you can separate with less stress. 

What’s changing for Aussie couples in 2024? 

The rising cost of living is resulting in couples either delaying divorce or turning to less conventional means of separation.

For some, this can mean staying in less-than-ideal living arrangements, or in some cases, unsafe partnerships, for longer than they otherwise would, affecting the emotional and physical wellbeing of women especially.

It might shock you to learn that the most common reason for divorce in Australia is domestic violence or emotional abuse. When a relationship is abusive, access to a safe and accessible means of terminating the partnership is critical.

So, what are my options and how much will they cost? 

Aside from fixed-fee services like Simple Separation, there are five other key pathways you might want to look into when it comes to ending a marriage.

1. DIY divorce

In Australia, we have 'no-fault divorce', which means the reason for the marriage ending doesn’t have any bearing on whether you will be granted a divorce or not. The only condition (aside from demonstrating that you have lived separately from each other for 12 months) is that the marriage has broken down beyond repair. You will also need to provide proof that proper arrangements have been made for the care of any children under the age of 18.

A do-it-yourself divorce is the simplest and cheapest option. It’s also the best option for you if you have a pretty straightforward separation without children or any significant disputes about how your assets are going to be divided. It’s basically divorce minus the lawyers.

In this case, after you have been separated for 12 months, you can simply jump online to apply, and in many cases, you won’t even need to attend court for your divorce to be granted. 

2. Mediation or arbitration

Mediation can be a great option for couples with some disputes about assets or kids who don’t want to become embroiled in a legal battle or jump into a confrontational-style negotiation.

In this scenario, couples will engage a completely neutral and highly trained mediator to guide their discussions over the disillusion of their partnership. The important difference here is that a mediator will not be making any decisions on your behalf; instead, they will attempt to direct the conversation in a mutually respectful and productive direction. The cost of mediation depends on the time it takes to come to a mutual agreement, but on average, mediator fees can be approximately $3500 for a full day.

Arbitration is also an option that doesn’t need to involve a legal battle. However, an arbitrator does have the power to come to a final decision after helping the couple express their positions. Their decision can be legally binding or non-legally binding depending on what you agree upon at the start. Arbitration usually costs between $4000 and $8000 in Australia.

3. Solicitor negotiations

In a solicitor-led negotiation, the goal is still to settle things without having to go to court. It involves lawyers representing each person’s interests and negotiating on their behalf. Of course, when you decide to bring lawyers into the mix, things are undeniably more complicated, and as a result, more expensive.

Some lawyers charge fixed rates for the entire divorce, but usually, you’re looking at between $400 and $700 per hour for a lawyer’s time. This can add up to between $50,000 and $100,000 and can drag out for, wait for it, three years — yikes. 

4. Collaborative practice

Collaborative divorce only hit our shores in 2005, but it’s becoming a popular option for couples who want to avoid drawn-out court proceedings and high legal fees. It involves a team of legal and mediation professionals all working together with open communication to come to a mutually beneficial conclusion without having to enter the court system. 

This process tends to cost between $20,000 and $25,000 per person.  

5. Court (litigation)

This is the big one. The one that can drag out for three years and cost upwards of $300,000 in the worst cases. Having to go through the court system to finalise the details of a divorce is by far the most expensive (and for most, the least desirable) option.

If you're looking for a quick, civil and affordable way to separate legally, book Simple Separation for a free consultation online or call 1300 271 793.

Feature Image: Getty/Mamamia.