Untying the Knot: Navigating Divorce and Separation Amidst Rising Costs

In an era characterized by escalating living costs and housing crises, the financial toll of divorce or separation in Australia has taken on new significance. Couples are grappling with the reality that parting ways might not just cost them emotionally, but financially as well. As a result, a growing trend has emerged: couples who choose to remain living together despite their decision to separate. This article delves into the dynamics of this unique situation and provides guidance on how to mitigate family law costs during divorce or separation.

As divorce rates continue to be a significant aspect of contemporary society, understanding the factors that influence the cost of divorce in Australia is crucial. The insights provided by The Guardian’s article shed light on the complexities of divorce expenses, ranging from legal fees to court charges and property division. While divorce is undoubtedly an emotionally challenging process, being aware of the financial aspects and potential avenues for cost reduction can help individuals navigate this challenging chapter with greater clarity and preparedness. Whether opting for legal representation or pursuing alternative dispute resolution methods, individuals can approach divorce proceedings with a better understanding of the potential financial implications.

Tips to Keep Your Family Law Costs Down

  1. Communication and Mediation: Open dialogue and effective communication can lead to better negotiation outcomes, potentially avoiding costly court battles. Mediation provides a platform for couples to collaborate on decisions related to property division, child custody, and financial arrangements.
  1. Consulting Professionals: Seeking advice from family law attorneys and financial advisors can help couples understand their legal rights, obligations, and potential financial impacts. Their expertise can lead to more informed decisions, potentially saving both time and money.
  1. Alternative Dispute Resolution: Collaborative divorce, arbitration, and other alternative dispute resolution methods can streamline the separation process, reducing legal fees and court expenses.
  1. Agreeable Settlements: Striving for mutually acceptable settlements can alleviate the need for protracted legal proceedings. Couples can explore fair compromises that address the interests of both parties.
  1. Documentation: Organizing and providing accurate financial documentation, including assets, debts, and income, can expedite the legal process and prevent unnecessary disputes.
  1. Balance Sheet of Assets and Debts: Compile a comprehensive list of assets, such as property, vehicles, investments, and debts, including mortgages, loans, and credit card balances.
  1. Financial Support: Determine child support and spousal maintenance arrangements in accordance with Australian family law guidelines. Ensuring financial stability for both parties is crucial.
  1. Property Division: Evaluate property ownership, mortgages, and equity distribution. Seek legal advice to understand the most equitable approach to dividing marital assets. The most importance part of Property Division is realising and setting both achievable and manageable expectations when it comes to possible divisions of an overall property pool.
  1. Parenting Arrangements: Establish clear and practical arrangements for child custody, visitation, and support. Focusing on the children’s best interest’s in this respect is paramount.
  1. Updating Legal Documents: Revise wills, beneficiary designations, and other legal documents that may require amendments due to the separation.

Can You Separate But Still Live Together? Exploring ‘Nesting’

Contrary to common conceptions, couples can and are increasingly more willing to separate but remain living together, this is often referred to as Nesting. Nesting is a unique arrangement where parents continue to share a single marital home, while alternating their residence based on custody schedules. This arrangement can provide stability for children during a tumultuous time and allow parents to manage shared expenses more efficiently. However, nesting requires strong communication, cooperation, and an understanding of boundaries to be successful.


In the face of a challenging financial landscape, the decision to divorce or separate carries amplified consequences. Rising costs have prompted innovative solutions, including co-habitation after separation. For couples navigating this uncharted territory, focusing on open communication, seeking professional advice, and strategizing for cost-effective legal proceedings can make the process more manageable. By approaching divorce or separation with practicality and empathy, couples can not only survive financially but also lay the groundwork for a healthier future for themselves and their children.

Given our experience in the area of Family Law and in particular divorce and separation, we understand the importance of informing our client’s of the key considerations that they should take into account immediately after separation.

Accordingly, please see our Family Law Separation Checklist, enclosed.

Salerno Law has a team of dedicated and experienced lawyers in this area of legal practice who have an unparalleled commitment to achieving the best possible outcomes for our clients. This dedication and experience mean we are able to provide tailored advice and successful results for our clients who are dealing with Property and/or Parenting Matters.

Our reputation for excellence and results makes us a trusted and reliable choice for anyone seeking legal representation in a Family Law case.

Author: Ibraheim Jahshan