If you’re thinking about filing for divorce, or you’re already in the middle of a parenting or property matter, the price of going to court has changed. From 1 July 2026, the Federal Circuit and Family Court of Australia lifted its filing and hearing fees again, as it does most years. The increases apply across the board — divorce applications, parenting and property applications, appeals, and hearing days. Here’s what the new figures are, why they change, and what it means if separation is on your mind this year.
Why Court Fees Go Up Every Year
Filing fees in the Federal Circuit and Family Court of Australia are not set by the Court itself. They are prescribed by the Family Law (Fees) Regulations 2022 (Cth), a piece of Commonwealth legislation that is adjusted annually — almost always from 1 July — to keep pace with the cost of running the federal courts system. The increase is a mechanical exercise: indexation, not a policy decision by judges or registrars. That’s a useful thing to understand if you’re frustrated by the cost, because it means the fee schedule will keep moving each year regardless of who is on the bench or what reforms are happening elsewhere in family law.
For separating couples, the practical effect is straightforward. Filing a divorce application, starting proceedings about children or property, or asking the Court to list a matter for hearing now costs more than it did twelve months ago — and it will almost certainly cost more again next July.
The New Fees at a Glance
The following figures are current from 1 July 2026, drawn from the Court’s published family law fee schedule.
| Application or Event | Current Fee (from 1 July 2026) |
| Application for divorce | $1,170 |
| Application for divorce — reduced fee | $390 |
| Application for decree of nullity | $1,660 |
| Application for decree of nullity — reduced fee | $550 |
| Application for consent orders | $215 |
| Initiating Application — Parenting *or* Financial (final orders only) | $455 |
| Initiating Application — Parenting *or* Financial (final and interim) | $610 |
| Initiating Application — Parenting *and* Financial (final orders only) | $740 |
| Initiating Application — Parenting *and* Financial (final and interim) | $895 |
| Response to Initiating Application | $455 |
| Notice of appeal | $1,775 |
| Interim order application / application in a case | $155 |
| Conciliation conference | $510 |
A few things are worth noticing in that table. An application that seeks both parenting and financial orders is more expensive than an application confined to one or the other — $740 versus $455 for final orders alone. And if you need the Court to deal with something urgently while your main application is on foot, the $155 interim order fee is added on top, not absorbed into the base fee. Someone filing an Initiating Application covering both parenting and financial matters, with an interim order sought as well, is looking at $895 in Court fees before their lawyer’s professional fees are even considered.
Reduced Fees and Fee Exemptions
The Court fee for a divorce application is not something you can be exempted from altogether — but it can be reduced. If you hold a relevant Government concession card (such as a Health Care Card, Pensioner Concession Card, or Commonwealth Seniors Health Card), or you are receiving Legal Aid, or you can otherwise demonstrate genuine financial hardship, you may qualify for the reduced divorce fee of $390 rather than the full $1,170. The same reduced-fee pathway applies to nullity applications. If you are filing jointly with your former spouse, both of you need to separately qualify for the reduction — one partner’s eligibility does not automatically extend to the other.
For most other applications — parenting, property, or financial matters — a full fee exemption (rather than just a reduction) may be available on the same grounds of concession card holding, Legal Aid grants, or financial hardship. This is a genuinely useful safeguard for people who are already under financial strain because of separation, and it is worth raising with your lawyer early, before you file, rather than after the fee has been paid.
What This Means If You’re Separating
None of this changes the underlying law of divorce, parenting arrangements, or property settlement. What it changes is the cost of accessing the Court, and that has some practical flow-on effects worth thinking through.
- Budget for the application, not just the lawyer. Court filing fees are a disbursement — a cost separate from your solicitor’s professional fees — and they need to be paid regardless of how simple or amicable your matter is.
- Consider consent orders early if you and your former partner agree. At $215, an application for consent orders is markedly cheaper than contested Initiating Applications, and it locks in a property or parenting agreement with the same legal force as a court order.
- Ask about the reduced or exempt fee pathways before you file, not after — the eligibility criteria are assessed at the time of filing, and retrospective refunds are not guaranteed.
- Factor hearing fees into a contested matter. If your case does go to a defended hearing, each hearing day beyond the first attracts its own fee, on top of the filing fee already paid — a cost that can add up in a lengthy or complex dispute.
- Revisit your timeline if cost is a genuine barrier. There is no requirement to rush a divorce application; couples must in any event be separated for twelve months before applying, which gives most people time to plan around the fee.
A Word on Timing and Twelve Months’ Separation
It’s worth remembering that an application for divorce can only be filed once a couple has been separated for at least twelve months, under the Family Law Act 1975 (Cth). The fee increase doesn’t change that requirement, but it is a reminder that the twelve-month period is also a useful window to plan practically — including budgeting for the filing fee, gathering documents, and, where property or parenting matters are also in play, starting those conversations well before the divorce application itself becomes relevant.
The Bottom Line
Court fees are a small but real part of the cost of separation, and they rise every year as a matter of course. The July 2026 increase doesn’t change your rights or the process — it simply means the numbers attached to that process are higher than they were last year. Knowing the current figures, and knowing whether you might qualify for a reduced or exempt fee, means there are no surprises when it’s time to file.
If you’re separating, or you’re already navigating a parenting or property matter and want to understand what the current Court fees mean for your situation, don’t hesitate to get in touch with one of our friendly Family Lawyers Central Coast. We can also help you understand how these fees interact with broader questions around legal separation and divorce, and how costs are typically dealt with in family law matters. Contact us to arrange a time to talk through your options.
