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 

Am I Required To Attempt Mediation Before Appearing In The Family Court In Mackay?

 

From 1st September 2021, the Family Court and the Federal Circuit Court will merge and become one court. This will be the same Court system across the country (except for WA) and that court circuits regularly to Mackay from the registry in Rockhampton.

All applications for orders under the Family Law Act will be made to the same Court, whether that is in Mackay, Rockhampton, or elsewhere. The requirement for parents to attempt mediation before issuing an application to the Court will remain unless you qualify for an exemption from that requirement. (Give us a call if you would like advice regarding the possible grounds for exemption).

Previously applications that were only for property settlement orders only did not require an attempt to mediate an outcome before issuing an application in the Federal Circuit Court, but it was necessary to attempt to resolve matters before issuing an application in the Family Court.

In the new system, it will be a requirement to attempt to resolve matters by negotiation or mediation before an application for property settlement can be made to the Court. There will still be exemptions in certain situations. 

It is usually a good idea to try and resolve family law issues without going straight to Court if at all possible, so at Family Lawyers Mackay we are in tune with this approach. We will give you honest, practical advice, we will help you resolve the situation by agreement if that is possible, and we will represent you at the Court in Mackay or elsewhere if that is necessary.

Whether you have a new family law situation that needs to be dealt with, or you have existing orders that either no longer suit the situation or are not being followed, early advice from an experienced family law team is crucial in making the best decisions about how to proceed. 

Call the Friendly Team at Family Lawyers Mackay for advice tailored to your situation. (07) 4847 0198

Article Source: Family Court Mediation

Family Lawyers Mackay Specialise In The Resolution Of Complex Family Law Matters.

 

Family Lawyers Mackay is a family law firm specializing in all family law financial matters dealing with marriage or other relationship breakdowns including de facto and same-sex relationships, and issues relating to children. We also advise on and prepare prenuptial and financial agreements.

Our lawyers will use their vast experience, commitment, understanding, and communication skills to help you achieve your objectives.

We are based in Mackay, Queensland but have assisted clients whose relationships and financial affairs transcend national boundaries, many with complex financial affairs.

Complex Family Law Matters.

One of our Directors is an Accredited Specialist Family Lawyer. Ian Field has now represented a vast range of clients both in Australia and Overseas. Our international connections allow us to assist you no matter if you are local or living away from the area.

Our primary aim is to help you resolve issues resulting from a broken relationship quickly, and cost-effectively. We work with you to reach your objectives and resolve the matter in a way that makes the best of a tough situation.

Family Lawyers Mackay With An Edge.

Family Lawyers Mackay is fast becoming recognized as a First Tier family law firm in Regional QLD and Australia. We have 6 lawyers accredited by the Law Society of Queensland at our firm. Their expertise enables us to focus on what we do best: resolve complex family law matters. We are big enough to make a difference and small enough to care!

We have expertise at every level of experience and our primary emphasis is on treating all of our clients as people first, not numbers.

At the commencement of the collaborative process all parties and their lawyers will enter into a Participation Agreement. Pursuant to the terms of the Participation Agreement the parties agree that they will not litigate their matter in the Family Court. This means that if either you or your partner decides to commence proceedings in Court and continue with such proceedings during the collaborative process, your collaborative lawyer will not be able to represent you in the collaborative process they will only be able to refer you to another trusted practitioner to handle your Court case.

How does it all work?

Collaborative practice is different from going to Court. You will be in a room with your lawyer as well as your partner and their lawyer. Both lawyers will be properly trained in the collaborative approach. We all work together towards the common goal of resolving the dispute between you and your partner, with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout the negotiations. The playing field will be more even between you and your partner, because you and your partner will have your respective lawyers to support you, as well as other

The integrated approach of Collaborative practice

Collaborative lawyers often work with other professionals, such as accountants, financial planners, valuers, counsellors and mental health professionals, who are trained in the collaborative approach. These people will work together with your collaborative lawyers with your consent with a focus on developing an overall dispute resolution package that will provide both you and your partner with security and direction.

Note: In Collaborative practice, your lawyer and your partner’s lawyer will draft your agreement in legal terms.

Article Source: Family Lawyers Mackay Specialise In The Resolution Of Complex Family Law Matters.

Working of spousal maintenance in Australia

 

People might ask “what is spousal maintenance?”, the answer is quite simple: it is financial assistance given by one ex-partner to the other if they are financially unstable. Spousal maintenance in Australia can also be paid by lump sum in lieu of spousal assets to be shared, such as boats or cars.

There are two types of spousal maintenance, the Family court or the Federal court deals with them. 

1. Spouse maintenance: One person gives this financial support to his or her former husband/wife. Their previous partner gives them financial assistance. 
2. De facto partner maintenance: If a couple is no longer in the de facto relationship, then one may give financial assistance to other partners. 

The family law Act 1975 states that a person is responsible for assisting the former de facto 

What are the critical factors in the court’s decisions:

Before making a decision, the court checks the applicant’s needs and the financial stability of the respondent. The following are essential factors for both persons:

• Age and health
• Yearly income, current property and financial resources
• Can the applicant work?
• Standard of living
• Has the marriage affected financial status?
• Are they supporting any other person? 
• Do any of the parties have social security benefits?
• How much one has contributed to the financial state of the other.
• How much has the relationship affected the earning of the applicant?
• Are there any possibilities for child support payment?
• Do the parties have any financial agreements between them?

You can see section 75(2) (married) and for de facto check 90SF (de facto) to know more.

Can I have spouse maintenance if I was in a de facto relationship?

If you were in a de facto relationship, and now you want to apply for spouse maintenance then give a read to De facto property regime page it is on the Attorney-General’s website. You will know whether you are eligible for spousal support or not.

The law is different for people living in Western Australia. You should visit the website of the Family court of Western Australia. 

What is the procedure of spousal maintenance?

It is good to have an agreement with your spouse before applying for spousal maintenance. If there is no agreement, then you can use the Federal Circuit Court. You will have to submit your income and expenses details in a financial statement when applying. The spouse will follow the procedure. 

If there is an urgent need for financial assistance, then the court may order immediate payment. 

Spousal maintenance Australia: calculator

Every applicant has a question in mind that “How much is spousal maintenance?”. Well, there is no fixed amount, but the court follows a procedure. We have tried to explain it below. 

The court will check the financial condition of the applicant and the capacity of the spousal, after that the court will make a judgement about the payable amount. There is no formula for calculating spousal maintenance.

The court assumes the day-to-day expenses of the applicant and the respondent, and then it will be decided whether to pay the spousal support or not if it is payable then how much. 

If the applicant is responsible for taking care of the child or children below the school-age, then the court will not ask you to work as the children will need full attention. But, once the children reach the school-age, you will need to work unless you do not have some other responsibilities. 

Will I receive spousal maintenance if I am in a new relationship?

If you marry a new person, then you will not get spousal maintenance, unless ordered by the 

If you are in a new de facto relationship, then the court will consider your financial status and of your new partner and will make an original decision according to that. 

When should I apply?

The deadline for applying is different for both conditions. Suppose you were married and had a divorce. Then you should apply within 12 months from the date of the separation. In the case of a de facto relationship, there are two years for use. 

If you are unable to apply within time, you can have special permission from the court for use even after the time. But, you will not get this chance if you don’t have a valid reason for the late submission of the application.

Do I need to have a lawyer for spousal maintenance?

You should contact experienced family lawyers when applying for spousal maintenance. 

There are many essential factors in a spousal order. Every case is different, and the conditions vary from person to person. The payable amount changes from case to case. It would help if you considered experienced family lawyers to understand your situation. 

If you are looking for spousal maintenance QLD, then Mackay family lawyers are your choice.

Source: Working of spousal maintenance in Australia

Family Mediation | Family Law Mackay

Aylward Game Solicitors Family Law Brisbane specialise in Mediation and Family Dispute Resolution.

A service to help to separate families resolve their family law disputes. The Family Dispute Resolution Service offered by Family Lawyers Mackay includes family law education, legal information, family counselling, dispute resolution, family conciliation, and group work to help couples who are separating to resolve their family law disputes. These disputes may include conflicts over child care, child support, financial arrangements, and property settlement.

Traditional Family Law Mediation Vs Mediation Without Lawyers. 

We have options to help you reach a resolution without high legal costs.

Mediation is a style of dispute resolution where an independent person helps you and your ex-partner resolve any disagreements. This can be for the division of property, child support, parenting issues, or spousal maintenance. Mediators do not give legal advice. They assist the parties to negotiate an agreement that is fair. Family Law offers a mediation service.

Family Dispute Resolution endeavours to help to separate couples reach agreements that are in the best interest of their children. It also encourages separating couples to parent cooperatively. Parenting Plans or agreements are typically used to assist in this process.

Family Lawyers Mackay is a boutique locally-run family law firm conveniently located in central Mackay, QLD and proudly servicing the Greater Mackay region.

Our clients come from all walks of life and are from all over Mackay, Proserpine, Andergrove, Beaconsfield, Blacks Beach, Bucasia, Cremorne, Dolphin Heads, Eimeo, Erakala, Foulden, Glenella, Mackay Harbour, Mount Pleasant, Nindaroo, Ooralea, Paget, Racecourse, Richmond, Rural View, Shoal Point, Slade Point, Te Kowai, QLD, interstate and overseas.

Are you looking to apply for family orders? It would be best if you gave a try to family dispute resolution first. 

Mackay family lawyers can help you in resolving your issues. We are well known for family mediation in QLD. You can trust us for family court mediation.

Article Source: Family Mediation