Oct 10, 2016
It is a fact of life that pursuing a legal claim will be expensive. Just like when you renovate your home, there are a lot of ‘trades’ who work to provide you with a resolution. Your lawyer is one of them but the court system is another.
With any Family Law claim, you will be required to pay a filing fee. This fee covers the cost of processing your claim, reviewing it, presenting it to a magistrate and the like. Different filing fees are required for different documents (eg. Application for consent orders, Application for divorce, Initiating Application, Application in a case etc.) To locate the specific fees associated with your particular matter, please visit here for the Family Court of Australia and here for the Federal Circuit Court.
NOTE: Different filing fee schedules may apply depending upon which court you lodged your documents with.
In cases where parties have reached a negotiated settlement, such as in a property settlement, parties usually split the filing fee. One party will deliver their balance of the fee to the other party’s solicitor who will the lodge the documents and the filing fee from both parties. Where a settlement is not negotiated, one party may need to carry the entire balance of the filing fee. You may also be eligible for a reduced filing fee in divorce if both parties have a pension card, concession card or similar.
If you have a family law matter, concerns about your finances in light of a family law property settlement questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
More from the blog:
Family Law: Six tips for executing orders
Family Law: Negotiation is spelt C.O.M.P.R.O.M.I.S.E
Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution
