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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
