Divorce is at endemic levels in Australian Society and the Australian Bureau of Statistics that there are approximately 47,000 divorces granted each year in Australia, not including the break down of defacto relationships. The divorce process itself is actually very cheap and many people work with divorce mediation professionals to get this done. The unfortunate aspect of negotiating a property settlement is that if consent cannot be reached or achieved, sometimes the legal fees can run into the tens of thousands of dollars. Consenting can save this amount from the total pool of property in a divorce and mean that it is done much more quickly. Although the rate of divorce is beginning to fall in this year for the first time in years, with data showing that 47,209 divorces were granted in 2008, compared with 47,963 in 2007, there is still a trend that between 30 and 50% of all marriages end in divorce.

There are also some interesting trends in relation to divorce ages. The average age of a divorce is getting higher, like the average age of marriage. It currently sits at about 41 for women and 44 for men. This means that most people are just at a key stage in the accumulation process of getting income and assets and even starting to think about their retirement. A nest egg is beginning to accumulate, and there may be substantial equity in a home and super accumulated. Under the family law rules, all of these things are included as property of the marriage and are fair game in any settlement. Also, because the rules are very discretionary, there is much uncertainty in the outcomes of divorce proceedings and a court may adjust a settlement in any way that it determines is just and equitable.

If you need advice or assistance on a divorce property settlement, do not hesitate to call an expert such as a divorce lawyer or a family law attorney to guide you.