Lawyers, costs and legal aid

You should speak to a lawyer before applying to court. Depending on your situation, income and assets, you may be eligible for legal aid advice and representation.

There are also other costs when going to court.

How a lawyer can help

It’s a good idea to speak to an experienced family lawyer before making any important decisions. A lawyer can:

  • explain what you may be entitled to when dividing your property and your responsibilities and obligations when resolving your parenting arrangements
  • discuss your situation, which may involve complicated legal issues
  • tell you about issues you may not have thought about
  • help you negotiate in a dispute.

Don’t rely on family and friends for legal advice.

How to get legal advice

Representing yourself

You don’t have to use a lawyer for your court case—you can choose to represent yourself in court. If you can’t afford a lawyer and are not eligible for legal aid, you may not have a choice. People representing themselves in court are called self-represented litigants.

If you represent yourself, you will need to know about the law and the court process.

It’s not easy representing yourself. You’ll need to do your research and be well prepared before filing court documents and presenting a case in court.

Learn more about representing yourself

Paying for costs

Legal costs

In family law cases, you usually pay your own legal costs and court fees. In some situations, the court may order one side to pay the other side's costs. You are usually only awarded costs if you've had to pay for a lawyer. You won't be awarded costs for your own time and effort.

If you are representing yourself, it is important that you follow the Family Law Rules and the Central Practice Direction and any other practice direction that may apply to your matter.

If you don’t comply with the Family Law Rules or court practice directions (such as preparing and filing paperwork within required timeframes) you may have to pay costs.

Filing fee costs

There are fees for court proceedings.

In some circumstances, you can apply to the Federal Circuit and Family Court of Australia for an exemption from paying court filing fees.

If you are approved for a grant of legal aid, you (not Legal Aid) are still responsible for any court filing fees.

Find out about fee exemptions

How to get legal advice and representation

Getting legal aid

If you've got a legal problem, you can get free legal advice from Legal Aid Queensland or a community legal centre.

If you need a lawyer, but can’t afford to pay, you may be eligible for legal aid. This means, we may pay some or all of your legal fees if your case and personal circumstances meet our guidelines, including ‘means’ and ‘merit’ tests.

See if you’re eligible for legal aid

The following lawyers do legal aid cases—search for a lawyer in your area.

If you’re not eligible for legal aid

If you’re not eligible for legal aid and you still need legal representation (not just legal advice), you should find a private family lawyer in your area.

If you can’t afford full representation, some lawyers are willing to help people with different parts of their legal case. For example, they may be able to help with drafting your court documents even though you may choose to represent yourself. Alternatively, they may help with negotiating on your behalf even though they don't formally represent you.

Search the Queensland Law Society Register of Solicitors.

Other places to get legal advice:

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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