Key takeaways
- Current Divorce Rates in Australia – With 48,700 divorces granted in 2023, the divorce rate is low
- Marital Status and Legal Rights in Divorce – Your legal rights differ depending on whether you are in a de facto relationship or are married
- Reasons People Get Divorced – Common reasons for divorce include communication breakdown, financial problems, and differing life goals
- Divorce Rates Among Older Partners – Divorce rates are low among older people, but are rising
- Impact of Divorce on Children – You must consider your children’s current and future needs in divorce
Divorce is a topic that evokes a range of emotions, from sadness to freedom and a fresh start. Divorce rates have fluctuated over the decades since the law was first passed, raising an essential question: How many marriages end in divorce? Understanding the statistics behind these relationship breakdowns can help clarify the potential legal implications for those involved.
Current divorce rates in Australia
In 2023, there were 48,700 divorces granted in Australia – 1.1% of all marriages. This is actually the lowest divorce rate in Australia since the Family Law Act 1975 was first introduced.
The 2021 census shows 46.8% more Australians are in de facto relationships since 2011, where partners live together and are not currently married. Whilst official divorce rates seem low, it doesn’t take into account the fact that many separating couples are being forced to live under the one roof due to cost of living, or they are unable to afford to get a divorce.
Interestingly, separation rates for couples in de facto relationships – those who live together without formal marriage – differ significantly from those of married couples. According to the Australian Institute of Family Studies, around half of couples in de facto relationships separate after two years.
A worrying trend is an increase in couples deciding to separate but still living together because the cost of finding separate dwellings is too high. The current rental shortages and rising interest rates make finding new accommodation impossible for some, forcing couples who would be safer living separately to keep a close proximity.
Since the end of the 2021 Covid-19 lockdowns, there has been a consistent increase in couples separated and living under one roof. According to The Separation Guide these numbers soared from 44% in January 2022 to 56% in December 2022. This data creates a profound and obvious problem: couples who want to separate simply can’t afford to do so and are forced to stay together.
Another interesting trend is that one quarter of the people in Australia celebrating their marriage are doing so for the second time. However, for these second-time spouses, divorce rates jump to 60% of marriage partners.
Your marital status and legal rights in divorce
There’s a big difference in your legal rights when you’re married compared to an unmarried, de facto relationship, including ‘separated but living under one roof’. When you’re in a marriage and want to get divorced, Australia’s Family Law Act gives a framework for you and your partner’s asset split. However, in a de facto relationship, only local laws apply. These laws vary depending on where in Australia you live. This means your legal protections and rights in a de facto separation are less clear.
Anyone in a de facto relationship that has broken down can apply to the Court to have their financial matters determined like a married couple would. However, you must apply for your de facto financial orders within two years of your relationship breaking down. You can still determine a de facto financial dispute later, but you’ll need the Court’s permission. Find out more about applying for a de facto relationship evaluation here.
The journey through divorce
Navigating a divorce can be a complex and emotional process. The journey of divorce can present many challenges, from legal fees to child custody arrangements, and is often overwhelming. This is where resources like JustFund can be invaluable. We provide loans for legal fees, which can be a vital lifeline for individuals facing the daunting reality of separation. By securing financial assistance, clients can access the legal support they need without the immediate burden of upfront costs.
Reasons people get divorced
So, what are the reasons behind the divorce rates? The most common reasons for divorce are financial problems, communication breakdown, and simply wanting different things out of life. Many people who get divorced are also victims of family violence and financial control. In this situation, a divorce is the gateway to a better future.
Financial problems, together with the current cost of living crisis, can also be reasons why people put off getting divorced or avoid it altogether. When you get divorced, you may need to pay ongoing financial support for your former partner’s upkeep. If you have children, you may also need to contribute to paying child support. But finances shouldn’t be a reason for you not to divorce or to rush into an inequitable divorce deal. If you need to fund the cost of legal fees, you can apply for a line of credit with us and repay it when you reach your final settlement.
Other reasons for divorce include today’s changing societal norms. How we think about marriage and cohabitation has changed how people see commitment. People now have higher expectations of marriage. Because of this, people also tend to feel more dissatisfied when a marriage does not meet these expectations.
According to the Australian Institute of Family Studies, these higher expectations might be part of the reason why divorce rates are higher for young people. After all, in 2021, the divorce rates were 34.8% for men aged 29 and under and 42% for women. But overall, divorce rates are declining year on year for young marriages.
Divorce rates among older partners
Divorce rates are currently quite low for older couples. Divorce rates among men over 60, for example, were at 11% in 2021, with divorce rates for older women even lower. However, divorce rates are on the rise among older people and have been since 2001.
How many children are affected by divorce?
Though many people avoid getting divorced because they have children, there are still plenty of children affected. In 2021, there were around 50,000 children affected by divorce in Australia. The impact of a separation or divorce on children needs to be a priority – and sometimes remaining in the family home is not the best decision if the mortgage is unaffordable or there is too much stress between a couple. Children pick up on these emotional cues and can be greatly harmed as a result. Children’s immediate requirements and future needs are considered. This is where JustFund can help you. If you’re getting divorced and need to consider your children’s needs, a loan from JustFund can give you the freedom necessary to negotiate the best deal for your children’s future.
Conclusion: Seeking support through separation
As divorce rates reveal the complexities of relationships, it’s crucial for couples to stay informed about their legal rights and the implications of their marital statuses. Whether you are considering divorce or navigating the aftermath, having the right resources can make all the difference. If you need financial assistance to tackle legal fees, consider reaching out to JustFund. We are here to help facilitate your journey toward resolution.
For more information about applying for funding and to explore your options, fill out our form or contact us directly at enquiries@justfund.com.au or 1300644980.
If you’re currently navigating a divorce or considering your options, we encourage you to reach out. We’re here to help you understand and manage the financial aspects of your separation.
