Entries by category: Family

Marriages and Divorces, Australia 2008 published by the Australian Bureau of Statistics contains the latest snapshot of marriages and divorces.  Key findings for 2008 include:  over 118,000 marriages were registered and more than 47,000 divorces were granted. This is an increase of 2.1% in registered marriages and a 1.6% drop in divorces compared to 2007.

Registered marriages are now at a 20 year high. The figures for divorces are the lowest since 1992.  The past 20 years has also seen a trend in couples delaying the age at which they marry. In 2008, the median age for first-time marriage was 29.6 years for men and 27.7 years for women, compared to 26.3 years and 24.2 years respectively in 1989. There was a 44% increase in marriages in August due to a large increase in the number of marriages performed on 8 August (08/08/08).

Findings for divorces include: 

• The trend towards joint applicant divorces has continued, representing 35.2% of all divorce applications.
• Almost half (48.8%) of the divorces granted in 2008 were to couples with children aged under 18 years. This has decreased slightly since 2007.
• Over 43,000 children were involved in divorces in 2008, with the average number of children per divorce at 1.88.
• The median length of marriage for divorcing couples in 2008 was 12.3 years.

The Australian Law Reform Commission has received terms of reference to conduct an inquiry into issues concerning violence against women and their children.  This was a direct response to the 2009 report of the National Council to Reduce Violence Against Women and Their Children "Time for Action". 

The Terms of Reference direct the ALRC to consider:

• the interaction of State and Territory family and domestic violence and child protection laws with the Family Law Act 1975 (Cth) and relevant Commonwealth, State and Territory criminal laws; and
• the impact of inconsistent interpretation or application of laws in cases of sexual assault occurring in a family/domestic violence context, including rules of evidence, on victims of such violence.

In relation to both issues, the ALRC is to work with State and Territory law reform commissions and to consider what, if any, improvements could be made to relevant legal frameworks to protect the safety of women and their children.  A final report and recommendations will be delivered to the Attorney General in July 2010, but will be available to the public only after it is tabled in Parliament.

The need for such an inquiry highlights the deficiencies in the recent changes made to the Family Law Act 1975 (Cth) in relation to resolving issues concerning children, their care and who they live with after separation and divorce, when there are issues of violence. Violence against women and children is a "profound problem" and protections may vary according to jurisdiction, because the laws covering domestic violence and child protection are predominantly State and Territory laws.

The Australian Institute of Family Studies has undertaken research on this topic,  including work by Daryl Higgins and Rae Kaspiew.  Their research has been extensively discussed in an article " 'Mind the gap...': Protecting children in family law cases". Australian Journal of Family Law (2008) 22(3) 235-258.  The following link takes you to a powerpoint presentation that summarises the key findings of this research: "Mind the Gap..."Protecting Children in Family Law Cases". 

The Family page of page of our Legal Studies Research Guide will provide you with additional strategies for locating media reports and magazine articles.