Divorce in Australia

Chel Rubio
2 min readNov 29, 2023

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In Australia, divorce rates have seen a significant evolution since the implementation of ‘no-fault divorce’ in 1976. This means the Court does not consider the reasons behind the marriage ending.

According to the Australian Institute of Family Studies, the country’s crude divorce rate, which measures the number of divorces per 1,000 Australian residents, has steadily declined from peak levels of 4.5. The most recent data from the Australian Bureau of Statistics reveals that Australia’s divorce rate stands at 2.2 divorces per 1,000 residents.

The image below shows the divorce statistics that reveal the primary initiators of divorce, the duration of marriages before divorce, and the average age of couples undergoing divorce proceedings.

Image Source: https://www.wallerfamilylawyers.com.au/divorce/divorce-mediation/

Do you need a divorce lawyer?

Legal representation isn’t mandatory for obtaining a divorce in Australia. You can manage the divorce process independently if both parties agree to the divorce and there are no intricate issues related to children, property, or finances to resolve.

However, opting for divorce mediation or seeking legal advice from a family lawyer can be advantageous, particularly if there are complexities or disagreements. Divorce mediation is a process where a neutral mediator facilitates discussions between spouses to help reach agreements on various aspects of the separation, such as property division and child custody. It can provide a structured and amicable environment for resolving disputes without going to court.

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