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Declining marriage rates coincide with rise in ‘grey divorce’
An increase in the number of “grey divorces” means couples need to work with family lawyers to ensure equitable outcomes, writes Harry Dunk.
Harry Dunk
Last August, the Australian Bureau of Statistics (ABS) released the official marriage and divorce statistics for 2023. These statistics revealed that in 2023, Australia recorded 118,439 marriages, a 6.9 per cent decrease from the record high of 127,161 marriages in 2022.
The crude marriage rate is a statistic that indicates the number of marriages recorded in a year per 1,000 people aged 16 and older in a given population. For 2023, the crude marriage rate was 5.5 marriages per 1,000 people, similar to the 5.6 rate observed in 2019 before the pandemic.
With the exception of South Australia and Western Australia, all states and territories registered fewer marriages in 2023 than in 2022. The largest declines in marriages registered were in the ACT (14.1 per cent fewer), NSW (13.2 per cent fewer) and Tasmania (11.2 per cent fewer).
These declining marriage rates coincide with a rising rate of “grey divorces” in Australia – a term used to describe couples divorcing from the age of 50. The 2023 ABS data shows that although the rate of divorces in Australia since 2003 has decreased, the median age of divorce has continued to increase each year.
According to the 2023 ABS data, the median age at divorce for men was 47.1, while the median age at divorce for women was 44.1. These figures have been steadily increasing each year and represent a growing trend towards higher rates of divorce among older couples in Australia.
Couples who had been married for 20 years or more accounted for more than one-quarter of the 56,244 divorces in 2021, according to Australian Institute of Family Studies data.
Australian Seniors, in its Love After 50 Report last year, also revealed an upward trend in late-in-life separations, with almost one-third of divorces now occurring after the age of 50. The report found that financial pressures and retirement adjustments were among the top reasons for grey divorce. According to the report, the legal and financial implications of grey divorce are its greatest challenges and, as such, require careful consideration and planning from the parties involved, particularly in relation to the following matters:
Division of assets: Navigating the division of assets in a grey divorce presents a multifaceted challenge. The equitable distribution of superannuation, real estate, and various investments frequently necessitates the expertise of both legal and financial professionals.
Spousal maintenance: In specific circumstances, particularly within traditional marriages where one partner has predominantly fulfilled the role of a stay-at-home parent and the other the breadwinner, the matter of spousal maintenance emerges as a critical concern. Using this traditional marriage example, the Family Law Act 1975 entitles the non-working wife to request spousal maintenance from the working husband if she lacks sufficient means of self-support and the husband possesses the financial capacity to provide such support. For older Australians, the complexity intensifies when parties are often reliant on their superannuation interests and pensions.
Estate planning: Divorce necessitates a comprehensive reevaluation of estate planning documents, including wills, powers of attorney, and superannuation policies. It is imperative to revise these documents to reflect the individual’s present intentions, ensuring effective and accurate future financial planning.
Harry Dunk is a paralegal at Armstrong Legal in its Brisbane office.
