Why Divorce Rate in Australia is So High?

What is a marriage?

Divorce causes a marriage to end legally. This is a bitter experience in anyone’s life. But before unraveling the facts of divorce let’s get to know about marriage first. Marriage is the union of two people by which they recognise their life together and have a happy sexual life.

But in legal terms, marriage is a contract between two people enforced by law. It is a social event that forms a family but there are legal consequences too. Starting from raising the children to protecting the family residence, inheriting from the other partner can be the legal consequence.

What is a divorce legally?

When one of the partners decides not to live together anymore feeling uncomfortable with the marriage, he or she can demand a divorce. But divorce is a legal term too. Divorce entails canceling all the legal responsibilities, hence dissolving the contract between a couple.

No-fault divorce;1975

The divorce rate was very high in Australia before 1975. According to the Australian Institute of Family Studies, The rate reached its peak in the 1970s at 4.6 per 1,000 residents. This rate was very alarming and had to be reduced. That’s why the Government of Australia, established new law in 1975. The Family Law Act 1975 established the principle of no-fault divorce. It also established a federal court to deal with family law issues. The Family Court of Australia quotes,” No-fault divorce means that a court does not consider which partner was at fault in the marriage breakdown. The only ground for divorce is the irretrievable breakdown of the relationship, demonstrated by 12 months of separation.” This means the couple has to be separated for at least 12 months before applying for a divorce.

How to prove separation if the couple lives together?

The couple needs to stay separate for at least 12 months before filing for divorce. But they can still live under the same roof. For that, they have to break the marital relationship completely which may include:

• no sexual activity
• living in different rooms
• not having meals together
• having separate bank accounts
• not sharing household services
• not representing themselves as married to acquaintances

Now let’s discuss the details of the divorce rate in Australia.

What is the divorce rate in Australia?

In the 1960s and the 1970s, the divorce rate was very high. It was about 4.6 persons per 1000 residents. But it declined when the Family Law Act 1975 was passed. This law supported no-fault divorce. And reduced to just 1.9 till 2016. But it raised again in 2017 up to 2.0. Hence the divorce percentage in Australia has reduced.

Another reason for the decline of the divorce rate in Australia is late marriage or marriage between same-sex. Same-sex marriage is now legal in Australia. In the first 6 months of 2018, 99 percent of marriages were between same-sex.

The divorce rate was 40% which has been constant for many years. But due to the corona pandemic, it has been a rush to the courts since this summer. But new statistics show, that in 2019 the divorce rate has been highly increasing and reached around 47%. And Brisbane has registered 30% more divorces already by the summer of 2020.

From these studies, it is clear that a pandemic affects marriages severely.

Duration of marriage:

The largest proportion of couples separating and then divorcing are those who have been married 9 years or less, which is about 43%.

Couples who had been married for 20 years or more are highly encouraged in separation. In 1990 it was 20% and by 2010 it increased to 28%.

At what age couples are divorcing?

In 2016, the divorce rate was highest during the age 25-29 for both men and women. The couples have a steady relationship in their 40s. After 55, the couples become less likely to divorce.

Divorces involving children:

The amount of divorces involving children under 18 years has been decreasing. In 1975, the proportion of divorces involving children under 18 years was 67.6%. It decreased over time and became 47.1% in 2017. The reason behind this is the rise of divorces in short-term marriages.

Have same-sex marriages affected the divorce rate in Australia?

After the changes in Marriage Act 1961 same-sex marriage is now legal. There were 3,149 same-sex weddings were registered in Australia till 30th June 2018. And they can also get divorced but not many divorces are reported from these couples.

What are the reasons behind divorces?

People go into a marriage with so much hope. They decide to get married when they discover themselves in a comfortable relationship. It indicates the perfect bond between two persons. So, what causes that perfect bond to break apart? Why do they go for a divorce?

The Australian Divorce Transition Project categorised the reasons behind divorce into 3 dimensions. They are ‘affective issues’, ‘abusive reasons’ and ‘external pressures’.

An Australian study reported percent of divorces blame “affective issues”. These affective issues are:

• Problems of communication 27%
• Lost connection 21%
• Trust issues 20%

The other causes of divorce in Australia can be:

• Abuse either physically or emotionally 7.4%
• Abuse via drugs or alcohol 7.4%
• Financial issues 4.7%
• Work pressure 2.7%
• Interference of family 0.6%
• Health issues 4.7%

Tips for a long-term marriage

• Treat marriage as a long-term commitment
• Prioritize your partner’s need
• Respect your partner
• There should be no trust issues
• Maintain a happy sexual relationship
• Cooperate with your partner
• Be willing to change
• Maintain equity
• Manage time for each other
• Support the decision made by your spouse
• Avoid fighting unnecessarily

Everything about divorce:

How long will it take to finalise the divorce?

Normally it takes 4 months to procure a Divorce Certificate or court order. It may take longer if there are other difficulties. Remarriage should not be planned before the divorce is finalised.

Grounds to file for a divorce:

• prove that the couple has been separated for no less than 12 months of period.
• the couple has been married for more than 2 years.
• attended the required counselling with the family court if married for less than 2 years.
• no fault of any of the spouses is needed.
• at least one spouse must be an Australian citizen, domiciled, or resident in Australia for 12 months.

What is the procedure to get a divorce?

Getting a divorce is not the same anymore. That is the reason that the divorce rates in Australia have reduced. If you are thinking to get a divorce in Mackay then Family Lawyers Mackay can help you easily. Read the points below to get an idea about getting a divorce.

• Live separate lives: Before applying for a job you must separate for at least 12 months. You can get back in touch without re-starting the 12 months for about 3 months. For instance, if you have lived separated for 4 months and again got together for 3 months you will only have to live 8 months separately to complete the 12 months.
• You can live separately under one roof: You can share the same roof even when you are separated. The court will check if you are having sex, sharing meals, or sharing bank accounts. Your relatives should believe that you are separated.
• Remarrying: Don’t think to remarry until the divorce is finalized. Don’t make quick plans. You can get married once the divorce is granted.
• Property and children’s arrangement: The divorce will not resolve the property or children’s issues. You will have to file a separate case for this issue.
• Married for less time: If you are married for a small time and still demanding a divorce. Then you should visit the family counselling. Get a certificate from them and submit it to the court.

When applying for the divorce, do I have to attend the court hearing?

It depends on some conditions. You may or may not have to attend the court hearing. Let’s have a look at them:

• If you don’t have any children under 18 years. Then you will not have to attend the court hearing; it applies to both sides.
• If a joint application is applied then you will not have to attend the court hearing, even if you have children under 18 years.
• If a sole application is applied then you may have to attend the court hearing on having a child under 18 years.

How much will a divorce cost in Mackay?

The typical cost of a divorce consists of legal costs and court fees. The amount of both fees is based on the procedural value, which depends on the income and assets of the spouses. A general figure is therefore not possible.

However, it costs $890 for every hearing. Usually, each spouse pays their own lawyer’s costs plus half the court fees. In this case, the 50% sharing of the legal fees should be contractually agreed in advance utilising a cost-sharing agreement between the spouses.

If this is the case, each spouse only pays half of the costs otherwise incurred. If you want to get a divorce from Mackay, you shouldn’t be afraid of the divorce costs. If the financial means are not sufficient for a divorce Qld, the court and legal expenses will be covered by the state – and the chances of this are good.

How can Family Lawyers Mackay help?

Though Australia’s divorce rate has declined some issues can demand a divorce. We can help you in many ways to solve the issue. For more information on your specific matter, please don’t hesitate to contact one of our experienced Mackay Family lawyers at Family Lawyers Mackay.

You should take our counselling sessions before making such an important decision. The court may also ask you to take counselling sessions. These sessions play a vital role in making a decision.

We follow the collaborative practice which is an alternative to litigation.

Mediation is a good practice. In mediation, you and your partner discuss everything openly in the presence of a mediator. The mediator is neutral and points out the issue by hearing your discussion.

Expert Mackay divorce lawyer

If you are interested in the percentage of divorces in Australia because yours is going through difficult times, our recommendation is to seek advice as soon as possible. In this way, reliable and personalised information is available. In this way, many fears and uncertainties are avoided, and you will know what the costs are and the procedures that must be carried out.

Increasing divorce rate Australia Family Lawyers Mackay has offices in Mackay, Queensland, Australia. You have to call (07) 4847 0198 or send the following email to mail@familylawyersmackay.com.au for divorce in Mackay. Our expert divorce attorneys will be happy to assess your case and offer you all the advice you need.

Why Divorce Rate in Australia is So High?  

Article Source: Divorce Rate 

How to Calculate Child Support in Australia?

What is child support?

Child support is the money that is paid by parents to give financial assistance to the child. Usually, this amount is paid by the non-custodial parent to the custodial. But this depends on the agreement between the parents. This amount can change according to the decided expenses. (Child Support in Australia)

The methodology of child support:

Child support is complicated for both parties. The rules may be different for each parent depending on the situation. It is wise to consult a family law attorney like Family Lawyers Mackay. They will explain the procedure that applies to your condition.

Below we have tried to explain the basic procedure of child maintenance.

• Each parent contributes to child maintenance.
• The cost varies according to the ages and number of children.
• The parent with a higher income will pay more.
• The custodial parent gets extra credit.
• The parent will contribute only if his income is greater than the expenses.

Child support is calculated by the following formula:

Child support = costs of children * (Income – expenses)

If this formula gives a positive result then you will have to pay for the child’s maintenance.

Where to use child support?

Child maintenance is paid to support the child financially. And to maintain his living standard. So, the custodial parent cannot use these expenses for their personal needs. Like saloons, entertainment, or vacations in which the child is not involved. The child support payments can be used for:

• Shelter, which includes rent or mortgage. It also covers the basic home needs of the child.
• Food, clothes, toys, and books are the basic needs of the child.
• Medical expenses to maintain the health of the child. The parent who is paying child maintenance can also use his health insurance plan to provide this facility.
• All of the school expenses.
• And the extracurricular expenses like sports or summer camp.

These expenses are clearly defined in the agreement. So, both parents can understand their responsibilities.

How much is child support?

This amount is a variable. It is dependent on the incomes of parents. You will pay according to your earnings and the expenses you face. The one who earns more will have to pay more for child maintenance. Usually, the following factors are taken into consideration to get a child maintenance assessment.

• The tax on parents’ income
• The number of nights each parent with the child or children.
• The number of children the age of less than 13, and the ones who are between 13 and 17.

Let’s dig deeper to know more about child sports in QLD.

How much child support will I pay?

This is an essential factor in calculating child support in Australia.

The child maintenance is not calculated on your gross salary. You may have to pay taxes. These can be income tax, property tax, or other taxes. In the child maintenance formula, the recent tax return is used. Then there are some personal requirements. The formula assumes a certain self-support amount. It is one-third of the Male Total Average Weekly Earnings (MTAWE). In 2020 self-support is 25,5757 dollars.

Before applying for the child support Australia formula, the tax, and the self-support income are subtracted. You will pay only what you can easily afford. A specific percentage of income decides your share in child maintenance.

Support for each child:

To calculate the cost of each child you can use the following Government’s costs of the children table.

https://guides.dss.gov.au/child-support-guide/2/4/2#mtawe

Child support period starts in	Annualised MTAWE figure	Self-support amount (1/3 MTAWE)	Default income (2/3 MTAWE)	The fixed annual rate of child support	Parenting payment single, maximum basic amount (PPS)	The minimum annual rate of child support	Child support inflation factor
2008	$54,756	$18,252	$36,504	$1,122	$13,980	$339	5.0%
2009	$56,425	$18,808	$37,617	$1,178	$14,615	$356	3.3%
2010	$58,854	$19,618	$39,236	$1,193	$14,937	$360	3.8%
2011	$61,781	$20,594	$41,187	$1,226	$15,909	$370	4.7%
2012	$64,865	$21,622	$43,243	$1,269	$16,679	$383	4.2%
2013	$67,137	$22,379	$44,758	$1,294	$17,256	$391	4.1%
2014	$70,569	$23,523	$47,046	$1,322	$18,197	$399	4.8%
2015	$70,829	$23,610	$47,219	$1,352	$18,728	$408	1.8%
2016	$71,256	$23,752	$47,504	$1,373	$19,011	$414	1.3%
2017	$72462	$24,154	$48,308	$1,390	$19,201	$420	2.1%
2018	$73,606	$24,535	$49,071	$1,416	$19,568	$427	1.6%
2019	$75,114	$25,038	$50,076	$1,443	$19,981	$435	2.4%
2020	$76,726	$25,575	$51,151	$1,467	$20,298	$443	2.5%

The following factors also affect the costs for children.

A number of children:

More children mean more cost. A 2nd child can add 50% to the costs of the 1st child. If you have 3 children it will cost double compared to the cost of a single child.

Ages of children:

The ages of the children also have an impact on child maintenance. If they are 13 and above they will cost 20% more than the children of age 12 and below.

Your income:

Child maintenance increases with the increase in your income. If both of you have income below the self-support then there will be no self-support.

The child will get support if the income is 2.5 times MTAWE. And this happens usually when both parents have a combined taxable income of 3.167 times MTAWE. The minimum child maintenance in 2020 is 443 dollars.

Income shares:

Each parent contributes a certain percentage of the income for child maintenance. Each of them will be responsible for covering a specific percentage of the costs of a child. It is your choice to pay the child maintenance or to take the child under your custody.

For instance, if you have 70 percent of the combined income then you will have to meet the 70 percent requirements of the child. Similarly, If the child is spending more nights with you then you will receive child maintenance.

Cost Shares:

The custodial parent gets credit for taking care of the child or children. The cost of the child for which the credit is given is the percentage of your cost. This cost is calculated according to the table given below.

https://www.servicesaustralia.gov.au/individuals/services/child-support/child-support-assessment/how-we-work-out-your-assessment/basic-formula#careandcost

Care percentage	Equal to the number of nights a year	Equal to the number of nights a fortnight	Care Level	Cost percentage
0-13%	0-51	1	Less than regular care	0%
14-34%	52-127	2-4	Regular care	24%
35-47%	128-175	5-6	Shared care	25% plus 2% for every percentage point over 35% of care
48-52%	176-189	7	Shared care	50%
53-65%	190-237	8-9	Shared care	51% plus 2% for every percentage point over 53% of care
66-86%	238-313	10-12	Primary care	76%
87-100%	314-365	13-14	More than primary care	100%

 

The care is calculated according to the number of nights you have the child in a year. To calculate it the number of nights is divided by 14 which is a fortnight.

The above table gives the difference between the percentage of cost and care. The result is often unclear but for many parents, the percentage of cost is equal to the care.

Calculating child support:

In the last step, the cost of the child or the children is multiplied by the difference in cost percentage and income percentage.

The custodial parent will receive support if the care % is greater than 35% and the cost percentage is greater than his or her income. You will have to pay child maintenance if the care % is less than 65% and the income percentage exceeds the cost.

The Department of Human Resources decides the amount of child maintenance. The child maintenance assessment has an annual figure, the monthly billed amount and the current balance. It can change only in special circumstances by a change of assessment review.

Concept and method: how is child support calculated

Child support payments are calculated using a complex formula (though called the “basic formula”). While the calculations are complex, the principles are understandable.

1. Each parent is responsible for meeting the costs for the children.
2. Costs depend on the number and ages of children.
3. Higher-income parents are required to contribute more.
4. A parent gets credit for covering expenses while caring for the child(ren).
5. You pay support when your Income % > your Cost %.

In the final calculation, child support is calculated as the Costs of the Children multiplied by the difference between your Income % (share of combined income) and your Cost % (credit for time with the child(ren)).

You pay child support if the result is positive and receive support if it is negative. However, you never have to pay if you have at least 65% care.

Information used to calculate Child support.

Child support is normally worked out using just this information:

1. taxable incomes of parents
2. percentage of nights each parent has the child(ren)
3. number of children aged < 13 and number aged 13-17
4. info on any other dependents.

Read More: https://familylawyersmackay.com.au/practice-area/child-support/

Conclusion:

When parents are no longer living together, there is a problem in raising the child or children. One cannot do this alone. To meet the child’s financial needs child maintenance is needed. It is paid to give a good lifestyle to the child. The parents cannot use child maintenance for their personal needs. This law helps the child to get his rights.

Frequently asked questions:

What is child support for in Australia?

Child support is an amount that is paid by both parents to support the child financially.

When does child maintenance end?

Child support Australia is paid until the child turns 18 or 19. But if the child is unmarried and still attending high school then the court may as continue the child maintenance.

Is it mandatory to pay child support?

Yes, it is mandatory. You will have to pay child maintenance until the child turns 18. But if he is 18 and still in high school, you will have to pay child maintenance.

Should I hire a lawyer for child support?

It is good to have a lawyer. He will make the implementation of child maintenance easier.

Does the child support increase with the increase in income?

It depends on the increment. If the increment is at least 10 percent of the previous income then there will be a change in child support. You will have to pay a bit extra amount.

Article Source: Child Support Australia