Source: The Courier-Mail
FEDERAL Government price hikes for divorce applications mean that unhappy couples are staying in toxic relationships while they save.
Lawyers in three different states have warned that increasing administrative fees in the Family Court of Australia by up to 340 per cent was tragic for victims of domestic violence and those struggling to make ends meet.
A submission to a Federal Parliamentary inquiry into the increases revealed that one person had put aside $5 a week just to afford to lodge the divorce application form.
Last year the Government increased application fees from $577 to $800. In January, the reduced charge for those who demonstrated financial hardship rose from $60 to $265. The extra costs raise $38 m a year.
Cairns Community Legal Centre principal solicitor Robert Apps said his clients would barely be able to pay the administrative fees let alone any matter set to be heard in court.
"Our concerns ... are ... it may cause delays in couples applying for divorce (and it) adds financial stress to litigants forced to save or borrow to pay the court fees in circumstances where their money should be going towards their living expenses," Mr Apps said in a submission to the inquiry.
Mr Apps told The Courier-Mail that some of his clients had waited months to file court documents because they needed to save for the initial court fees.
"Some people may just end up waiting for the other party to commence proceedings if they think they could afford the filing fee and then the other party may not want to file if it isn't in their interests to do so, thus leaving the disadvantaged party even more vulnerable."
Victoria's Whittlesea Community Legal Service solicitor Ann Lightowler said several clients had told her they could no longer afford to get divorced.
"This is particularly difficult for my female clients who have been the victims of domestic violence ... (because) a divorce is often a major step on the road to recovery from the trauma associated with family violence."
South Australian divorce lawyer David Burrell said the new fee structure was unfair and out of proportion.
"The wealthy can afford to pay, the poor are excused other than a minimal payment and those in between, many of whom are struggling financially following a recent separation, are hit the hardest."
Family Court and Federal Magistrates Court chief executive officer Richard Foster said he "hoped" the Government would be prepared to reassess the fees if research revealed people could not access the courts because of the increased charges.
A spokesman for Attorney-General Mark Dreyfus said "divorce applications generally have long time requirements, so applicants have time to make allowance for the fee".
"Revenue from these fee changes means an additional $38 million will be injected into the courts, so they can maintain and improve services for court users in regional areas."
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