As you know, we are divorce law specialists here at Gordon & Barry Lawyers, so it is always interesting to look at how the numbers are changing in relation to Australia’s marriage and divorce rates. Given the news stories about long waiting lists in the Family Law Courts and the increasing delays in family law proceedings, there is a common perception that divorce rates are on the increase and that more people must be getting divorced today than ever before. As the numbers show, however, the situation is a little more complicated. That makes sense! When is divorce ever simple?

The most recent statistics about the divorce rate in Australia were released towards the end of last year, exploring data about the divorce rate in 2015. These figures showed that there were 48,517 divorces granted in 2015. This was an increase of 2,019 (4.3%) from the numbers in 2014, but the population also grew in that time, so the crude divorce rate – the number of people divorcing per 1,000 Australian residents – stayed steady at 2.0. The figures also showed that the median duration of the relationship from marriage to divorce was 12.1 years. Most divorces occur when couples are in their forties, with the median age for men being 45.3 and 42.7 for females. Couples with children account for almost half of the divorce rate, with 47.5% of all divorces in 2015 involving children. That represents a total of 42,303 children.

One interesting factor is the increase in the number of joint divorce applications, with 43.3% of all divorces being applied for jointly. This number has been steadily increasing over the last 20 years, to the point where joint applications for divorce have outnumbered applications by either males or females for the past 6 years. This might reflect the increasing success of mandatory family dispute resolution in helping couples handle their separation and divorce in a cooperative manner. Looking just at the single applications, women remain more likely to initiate a divorce application than men.

So, what do these figures mean in a historical context? The answers might surprise you!

When we compare the current number of divorces today with the number of people getting married 12 years ago, we find out that approximately 1 in 3 of those marriages ended in a divorce. However, the crude divorce rate of 2 people getting divorced out of every 1000 is actually the lowest rate in decades! Back in 1976 when the Family Law Act first came into effect, the rate was 4.9! It had decreased to 2.9 by 1996, and then stayed steady around 2.3 from 2007 to 2011.

While the divorce numbers are going down, so are the numbers of people getting married in the first place.

It is much more likely now for people to live together in a committed relationship and have children without feeling the need to get married. Numbers of same sex couples are also increasing, with the latest 2016 census showing a 42% increase from 2011, and an 81% increase from 2006.

This means that while the numbers of couples divorcing may be down, the number of couples separating is on the rise. It is more difficult to find data about separation rates, but a study by the Australian Institute of Family Studies in 2013 suggests that unmarried couples are more than twice as likely to break up.

Looking at the recent statistics for the Family Law Courts, we find that there were 20,418 applications filed in 2015-2016, and 13,357 consent orders were finalised. Across Australia, 244,122 documents were e-filed in Family Court and Federal Circuit Court registries (up from 195,598 in 2014-15.) Of the 20,418 applications filed, 20,199 were finalised with only 5,844 left pending resolution. This does not mean that all of these cases were resolved by the courts, though, since only 14% of filed cases actually made it to judgment. The vast majority of cases are settled, with the parties reaching an agreement during the process of the trial.

While very interesting, what all of these facts and figures fail to show is the very real pain and emotional turmoil involved in the breakdown of a relationship, particularly where children are involved. Here at Gordon & Barry Lawyers we understand that you are not just another number in Australia’s statistics of family breakdown. Contact us today to find out how we can assist you to make this transition to your new life as calm and peaceful as possible.