Divorce can be a challenging process, but when both spouses disagree on key issues, it becomes a contested divorce.
A contested divorce occurs when one party does not agree to the divorce itself or disputes important matters such as property division, child custody, spousal support, or other legal concerns.
Unlike an uncontested divorce, which can be resolved quickly, a contested divorce requires court intervention and can take longer to finalise.
This guide will explain everything you need to know about contested divorces in Australia, including how long they take, common reasons for disputes, costs involved, and the legal steps required.
What Is a Contested Divorce in Australia?
A contested divorce happens when one spouse does not agree to end the marriage or disputes issues such as financial settlements, parenting arrangements, or property division.
In Australia, the Family Law Act 1975 governs divorce proceedings. To apply for a divorce, couples must have been separated for at least 12 months and prove that their marriage has broken down irretrievably.
If both parties cannot reach an agreement on important aspects of the separation, the matter may go to court, where a judge will make final decisions.
This process is often more time-consuming and expensive than an uncontested divorce.
How Long Does a Contested Divorce Take?
A contested divorce in Australia can take anywhere from several months to a few years, depending on the complexity of the case.
While an uncontested divorce may be finalised within four to six months, a contested divorce involves legal proceedings that extend the timeline significantly.
The following factors can affect the duration of a contested divorce:
- The number of disputes between spouses
- The complexity of financial and property matters
- Child custody and parenting disagreements
- Court scheduling and hearing dates
- The willingness of both parties to negotiate
On average, contested divorces take between 12 to 24 months to resolve, but cases involving significant conflict may take even longer.
Engaging an experienced family lawyer can help streamline the process and reduce delays.
What Are the Main Reasons Divorces Become Contested?
Divorces become contested for various reasons, including:
1. Disputes Over Child Custody and Parenting Arrangements
When parents cannot agree on who will have custody of their children, how parenting time will be shared, or who will make important decisions, a contested divorce often follows.
The court prioritises the best interests of the child when making custody rulings.
2. Property and Asset Division
Splitting assets, properties, and debts can be highly contentious. One spouse may feel entitled to a larger share due to financial contributions, inheritances, or sacrifices made during the marriage.
3. Spousal Maintenance (Alimony)
If one spouse seeks financial support from the other, disputes may arise regarding the necessity, amount, and duration of spousal maintenance payments.
4. Disagreements Over the Divorce Itself
Sometimes, one spouse refuses to accept the end of the marriage, making the divorce process more difficult and leading to court involvement.
5. Domestic Violence or Abuse Allegations
Cases involving domestic violence, abuse, or coercive control may become contested if one party denies the allegations or if protective measures, such as intervention orders, are required.
Also Read: What Happens in a Divorce: Australian Family Law Guide
How Much Does a Contested Divorce Cost in Australia?
The cost of a contested divorce varies depending on factors such as legal representation, court fees, and the complexity of the case.
While an uncontested divorce may cost as little as $1,060 (the standard filing fee as of recent updates), a contested divorce can be significantly more expensive.
Estimated Costs of a Contested Divorce
Legal fees: $10,000-$50,000+ (depending on lawyer’s hourly rates and case complexity)
Court filing fee: $1,100 (or reduced fee for eligible concession holders)
Mediation and dispute resolution: $1,000 – $5,000
Expert reports (e.g., financial or child custody assessments): $2,000 – $10,000+
These costs can rise if the divorce is highly contested or prolonged. Seeking legal advice early on can help manage costs and explore options such as mediation to avoid lengthy court battles.
What Steps Are Involved in a Contested Divorce Process?
A contested divorce follows a structured legal process in Australia. Below are the key steps involved:
1. Filing the Divorce Application
One spouse (the applicant) submits a divorce application to the Federal Circuit and Family Court of Australia. If the other spouse (the respondent) disagrees, they can file a response to the application.
2. Serving the Divorce Papers
The applicant must legally serve the divorce papers to the respondent. This ensures the other party is notified and has an opportunity to respond.
3. Court Hearings and Negotiations
The court will schedule hearings where both parties present their arguments. Lawyers may negotiate settlements on behalf of their clients to reach an agreement before trial.
4. Mediation and Dispute Resolution
Many contested divorces require mediation or conciliation conferences before proceeding to trial. These meetings help resolve disputes without lengthy litigation.
5. Final Hearing and Court Decision
If no agreement is reached, the case goes to a final hearing, where a judge makes decisions on contested issues. The court’s ruling is legally binding and must be followed by both parties.
6. Divorce Order Issued
Once all matters are resolved, the court grants a divorce order, officially ending the marriage. The order becomes final one month and one day after it is issued.
Preparing for a Contested Divorce? Contact Ipswich Family Lawyers Today
A contested divorce can be an emotional and financial challenge, but understanding the process can help you make informed decisions.
Whether you are dealing with child custody disputes, property settlements, or financial disagreements, having the right legal support is crucial.
By seeking professional advice early and exploring mediation options, you can work towards a fair resolution while minimising stress and costs.
Are you facing a contested divorce and unsure where to start?
The legal team at Ipswich Family Lawyers has extensive experience in handling complex divorce cases, child custody disputes, and property settlements.
Our expert divorce lawyers provide clear guidance and strong representation to protect your rights and interests.
Contact Ipswich Family Lawyers today for a confidential consultation and take the first step toward resolving your divorce matters with confidence.
