Free Divorce Information

The year 1975 is important in the history of Australia and the institution of marriage. The Family Law Act was passed and this meant, amongst other things, that no-fault divorce was now an option for Australian couples. The only grounds which were required for a divorce is irretrievable breakdown of the marriage which is determined by the couple separating for at least 12 months. Many took advantage of the new laws and in the following year, over 62,000 marriages were annulled.

From just before the start of World War 2 and for the next 30 years, the number of divorces in Australia fluctuated between 5000 and 10,000 per annum. But it was the 1970s with the new federal laws which changed the face of Australian marriages. The application of no-fault divorce was the main factor in people seeking to be legally free from their vows.

In 2001 more than 103,000 marriages took place and in the same year approximately 55,000 divorces were granted. In recent times the net average rate of marriage failure is above 40%. By comparison the divorce rate in North America is close to 50%.

In 2000 magistrates were able to handle divorce hearings and this helped the processing of many cases previously handled by the Family Court. Today magistrates handle about the same number of divorces as does the Family Court.

The rate at which couples divorce has certainly increased. The previously mentioned Family Law Act contributed to a large increase. But times of economic depression also show up as divorces have increased during these years. In the 1950s the divorce rate in Australia was about 10%. It is more than four times that today. Since the 1980s, whilst the figures fluctuate, the trend for an increase in the proportion of marriages which end in divorce has been steadily increasing.

Strangely the length of marriages has increased, albeit slightly, in recent years. A recent survey found that the average marriage ending in divorce lasted for 12 years.

Cohabitation

In contemporary times certain interesting figures have emerged. Far more couples today are living together before marriage than did in the youthful times of their parents and grandparents. Co-habitation before marriage has increased markedly over the years. It was as low as 18% in the 1970s then rose to 60% by the end of the century. Today it is as high as 75% with Tasmanian couples cohabitating before marriage in as many as 83% of couples.

And couples are marrying at an older age today. In the 1970s the average groom was 24 years of age and the average bride 21. In the 1990s these figures had changed to males being on average 27 and females 24. This ageing trend has continued and in 2005 the average age of a man being married for the first time was almost 30 and for women their average age when first marrying was 27.

The age at which Australians are getting divorced has likewise risen. The average age for men getting divorced is now about 40 and for women almost the same at an average age of 39. In 1981 the ages were men 36 and women 33.

Another interesting statistic is that, in recent times, divorce in a second marriage in Australia occurs at a slightly higher rate than divorce in a first marriage.

One statistic which has remained constant over the last 20 years is the marital status of people when marrying or re-marrying. Approximately 68% of recent marriages involve both partners marrying for the first time. About 18% of marriages have involved one partner marrying for the second time and 14% of marriages have involved both partners marrying for the second time.

Church or Celebrant

In 1985 approximately 40% of marriages were performed by civil celebrants. Twenty years later in 2005, about 60% of marriages were conducted by a civil celebrant. If a couple cohabits before marriage, they are twice as likely (66%) to marry with a civil service than couples who do not cohabit (33%) before marriage. 85% of marriages conducted by a civil celebrant involve couples who have cohabited before marriage.

De Facto Marriages

There are some marriages which break down and the couple separate but neither seeks a divorce. It is hard to quantify these situations but it is believed that about 3% of marriages end in this non-divorce situation.

And a similar situation occurs with de facto relationships. It is difficult to know how successful such relationships have become. One study in which de facto couples had a child, found that 20% of the marriages had broken down 18 months after the birth of the baby.

There are several reasons but recent surveys suggest the major factors are a break down in the relationship caused by constant arguments, lack of communication and a feeling of neglect. Issues such as alcoholism, drug taking, infidelity, problems with work and issues with in-laws were all listed as items in certain failed marriages.

It depends on the length of the marriage - the percentage is smaller the shorter the marriage - but it is estimated that almost 20% of children will have been part of a family in which their parents become divorced.

It's interesting that studies show some children are likely to suffer if their parents divorce. In situations of extreme violence between spouses, the children will suffer. But in marriages in which there is little conflict, some experts suggest the children will be far better off if the parents don't divorce until the children are grown.

Experts say being part of a divorce can be equated to the feelings of grief when a loved one dies. Of course with a marriage both spouses are usually still available to meet with if not live with the child or children but it is a traumatic experience.

A survey of new marriages in 2002 shows that Australia is near the top of the list as far as failed marriages are concerned. Sweden with 54% of marriages ending in divorce topped the list. Australia was in 6th position with 46% just ahead of the USA on 45.8%. The United Kingdom reached 42%. Interesting comparisons are countries with strong religious beliefs; Spain 15%, Italy 10% and India and Sri Lanka fewer than 2%.

Here are additional resources you might be interested in:

Divorce Statistics in the UK

Divorce Statistics in the USA

If you plan to get a divorce in Australia, the Aussie Divorce Services can guide you.