Need to know about the cost in divorce law process?
Sometimes finding out the costs upfront can be difficult in divorce. We can make it easy for you to find it out.
More than 100+ years of combined lawyer experience.
When you are looking for a family lawyer to help with your divorce, separation, custody, or property settlement sometimes finding out the costs upfront can be difficult. So we thought we would make it easy for you to find out “What will my Divorce cost?”
In this article Tracey McMillan, family lawyer for over 20 years will explain honestly and frankly about what is involved, what your divorce will cost and how you can save money with your lawyer.
Firstly, you need to know what is involved in a Divorce vs a Property Settlement.
Getting a divorce and settling joint assets are two separate legal matters. You can apply for a divorce after twelve months and one day. Your divorce can be done either as a sole or joint application, depending on your situation. We have set up an Online Booking system for people to clearly see what each costs.
Property settlement (the dividing of joint assets) is not dependent on divorce and can be started as soon as you have decided to separate. There is a time limit on property settlement after divorce is finalised, so it is a good idea to start the process as quickly as possible.
How much will my divorce it cost?
Many of the best family lawyers in Brisbane such as Queensland Family Law Practice offer a fixed fee for simple, sole and joint divorce applications. You can even start the process online here.
Property settlement is not offered as a fixed fee because every family law matter is different, and must be quoted individually, depending on the complexity. At Queensland Family Law Practice, we will always outline estimates for each stage of the settlement proceedings. You should always request an estimate and discussed costs with your family lawyer before any work is started for your property settlement, especially when your property settlement is complex.
To be honest and transparent with family law costs, if you decide to seek consent orders and keep your matter out of court (which we highly recommend), you could be looking at costs of between $5,000 up to about $15,000, depending upon the complexity and negotiations involved.
How can I keep family lawyer costs down?
Be succinct and clear about what you want to discuss before you speak to your lawyer.
Keep regular track of your lawyer fees. We believe in being honest and transparent with your legal costs, we send you itemized weekly account, so that you can always monitor your legal costs. This allows you to keep track of the progress of your matter, which means you don’t need to contact your lawyer and incur more expense getting an overview of the matter progress. Be cautious of lawyers who send you a monthly account as you will not have as much of an insight into your costs.
Tracey has done a video for you giving tips on how to save on legal costs in your property settlement when divorcing.
There are also options available and many ways to reduce your legal costs.
Unbundling is one example – you draft the documents and have a lawyer check them. This means your lawyer gives advice only, does not appear on the record at court, or engage in negotiations/ correspondence backwards and forwards. Negotiations cause the costs rack up very quickly, especially if the other party or law firm is litigious.
Keep in mind that every time you contact your lawyer about a non-fixed fee matter, you will incur costs.
Most lawyers charge on six minutes increments – if you decide to contact your lawyer, it’s best to make the most of those six minutes! The best way to get value for money is to write an email first, listing the questions related to your matter, and request a callback for the answers. It will take your lawyer less time to speak to you on the phone than it would if they type a response and return via email.
It’s important to use your money effectively. Don’t use your lawyers like a new best friend. We’re here for our clients, and more than happy to talk to you about the issues you face, but lawyers are the most expensive friends you can have. They will charge for time spent talking to you. When your matter is upsetting, and you need an understanding ear, talk to friends or family for clarity about your divorce.
Our No1 goal is helping our clients achieve the outcome they want legally as well as holistically helping with any emotional or financial needs which often surface with a divorce because it is a huge challenging chapter in your life.
We understand your divorce is not just about legal matters and that sometimes you need other professional trusted people to speak with and gain help. So … to support our clients holistically with emotional and financial help we have arranged a first complimentary meeting with a trusted Life Coach and/or a Financial Planner.
I have no money. How do I pay?
Most understanding family lawyers can offer eligible clients a payment plan agreement with is set up in advance of their matter. Approval usually depends on what work is being done and the complexity of the matter. We also offer deferred payment to eligible clients who will receive a lump sum payout, or asset pool, at the end of their matter. Clients can also apply for a HUMM loan, a form of afterpay, for our services. HUMM pays us and then the client pays them back at agreed terms.
How can I not use a lawyer at all?
If your divorce has no complications, you can e-file with the family court or use something like www.nolawyers.com.au.
If there are complications, or property settlement is involved, it is a good idea to understand your rights, time limits and obligations. A good rule of thumb is to have at least one hour with a lawyer to get an idea of what you are facing, and what level of representation (if any) you require. Here at Queensland Family Law this is called a strategy session and is a fixed fee of $550. You can book and pay here if this is something you are ready to start and want to find out your rights now.
When you have your first appointment, make sure you bring as much information as possible. If it’s in relation to property settlement, bring information on custody arrangements for any children, and a list of the asset pool and debts. The more detailed your information, the more refined the advice will be.
If you’re feeling overwhelmed by the process of separation, you’re not alone. Reach out to the QFLP client care team today. We’re here help. Actually, at QFLP we like to say “We’ve Got You”
Reach out to us today via email or call 07 3172 3777
