According to the Australian Institute of Family Studies, the divorce rate is the lowest it has been since the implementation of the Family Law Act 1975.
Although statistics do not indicate whether you will divorce your current partner, if you do have an issue in the future, it is a good idea to be aware of the legal services available to you.
In this article, the term ‘divorce’ refers to the formal dissolution of a marriage, whereby once a divorce order is granted by the Court, the marriage is legally terminated. It does not include reference to property settlement matters or parenting matters.
This article will discuss the present divorce rate in Australia, marriage data, and how to seek advice from a family lawyer.
Divorce Rate and Number of Divorces
The Australian Bureau of Statistics (ABS) states that:
- 120,844 marriages were registered in 2024, 2.0% more than in 2023.
- The most popular date to marry was 24/02/2024, with 1,773 marriages on that day.
- The number of divorces granted in 2024 fell 3.0% to 47,216.
In 2023, there were 2.3 divorces per 1,000 residents aged 16 years or over. This is the lowest level since the 1970s. The latest rate continues a downward slope since the turn of the 21st century.
The Family Law Act 1975, which was implemented in January 1976, allowed a divorce based on an irretrievable breakdown (known as ‘no-fault divorce’) and a period of at least 12 months’ separation as sufficient evidence.
Divorce rates are higher for younger married couples, but are declining over time, whereas divorces granted are lower for older married couples, but are increasing over time.
Source: Australian Institute of Family Studies website citing the Australian Bureau of Statistics
What are the divorce statistics between men and women?
Source: ABS (2021) Marriages and divorces Australia
The marriage age rate reflects gender differences in opposite-gender marriage patterns. A man will often (but not always) marry a younger woman, leading to the median age for men being older than that of women. Among marriages that end, the median age at divorce is older for men than for women.
For married men, 25-29 was the highest crude divorce rate age, and 24 years or 25-29 years for married women.
In 2023, the median rate to divorce was 13 years. Over the last decade (2011 to 2023) the median duration of marriage to final separation was 8 to 9 years. The duration for 2022 and 2023 is longer than for 2020 and 2021.
In 2023, 12% of divorces had a marriage duration of less than 5 years, and 29% had long-term marriages of 20 years or more.
Legal Process for Divorces in Australia
To begin the divorce process, you will need to prove that your marriage has irretrievably broken down. This requires a minimum 12-month separation period and evidence that there is no chance of reconciliation.
You will need to provide a valid marriage certificate and proof of your jurisdiction eligibility if you were not born in Australia. This includes documents such as an Australian Citizenship Certificate, green Medicare card, Visa or Australian Passport. There is a court filing fee of $1,125 (a reduced fee may apply depending on your circumstances) that is payable directly to the court at the time of filing. The filing fee increases on 1 July every year.
Once the divorce application is filed, a court date will be allocated. At the divorce hearing, a Registrar will review all filed documents and if satisfied that all criteria have been met, they will go ahead and grant your divorce order.
It is important to note that once a divorce order is made, it does not become final for 1 day and 1 month. Once it becomes final, the marriage is terminated, and you are free to re-marry.
Once a divorce order becomes final, you have 12 months to file any application for property settlement or financial orders. If you are currently living overseas, you can still apply for a divorce in Australia, provided you meet the eligibility requirements under Australian law.
If you have been “on” and “off” with a partner, applying for divorce is still possible if the separation and reconciliation were less than 3 months.
Sole application for divorce
Sole application for divorce, or when one spouse initiates the divorce proceeding. It is suitable if:
- You are not on amicable terms with your spouse.
- The spouse is unwilling to participate in the divorce process.
- There are disputes or issues that require individual legal representation.
When filing this application, the spouse must be served with divorce documents at least 28 days before the hearing date if they reside in Australia or 42 days if they reside overseas
Service of the divorce documents must be effected via personal services (through a process server, family member or friend) or via post.
Neither party is required to attend the divorce hearing for a sole divorce, unless the other spouse files a Response.
Joint application for divorce
This is where both people agree to file for a divorce together. It might work for you if:
- There is a mutual understanding between you and your spouse.
- Both parties are on good terms and agree to the terms of the divorce
- You want to avoid the cost and stress of court hearings.
This simplifies the process; no party needs to serve documents to another, and there is no requirement to attend the divorce hearing.
Why is Legal Representation Important?
Seek legal advice as soon as you plan to separate from a partner, or as soon as the separation takes place, to ensure you understand your rights and meet obligations.
Ramsden Family Law specialise in handling complex family law matters, including spousal maintenance claims, de facto relationships, and international property settlements. Why choose us?
- Resolute Family Law Experts: Our team of 15 experienced family lawyers exclusively practise in family and divorce law, including 7 Law Society Accredited Specialists.
- Transparent Fees: We offer fixed fees for certain services, flexible payment plans, and upfront estimates so you always know what to expect.
- Fast Turnaround: With a dedicated support team behind each lawyer, we maintain efficiency and deliver fast results for your case.
- Resolution-Focused Approach: Our lawyers are committed to achieving amicable settlements wherever possible, helping you resolve matters without court intervention.
It is also important to understand that a divorce can affect the validity of your will, potentially rendering some provisions ineffective. To ensure your estate planning remains up to date, we recommend you book a consultation with our team to review and update your will following a divorce.
Require a Divorce Lawyer in Sydney? Get in Touch
No matter how complex the issues are, divorce is a tough process that nobody plans to go through. We are on your side when it comes to parenting matters, property settlement / financial matters and divorce. Whether you are having economic insecurity after a separation (such as housing affordability), are living apart together, are hoping for marriage stability and family counselling, or are unsure about marriage laws, Ramsden Family Law are accredited law specialists and can assist you through this difficult time.
Taking into account relationship timelines, our lawyers map out your eligibility, procedure, statutory time limits, and put forward a sole divorce application.
Contact us today by calling 1300 749 709 or emailing [email protected] to tackle your divorce and move forward with your life.
