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3310.0 - Marriages and Divorces, Australia, 2012  
Latest ISSUE Released at 11:30 AM (CANBERRA TIME) 27/11/2013   
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EXPLANATORY NOTES

INTRODUCTION

1 This publication contains statistics on marriages that were registered, and divorces that were granted, in Australia, in 2012.

2 The Marriage Act 1961 came into full operation on 1 September 1961. Under the Act, marriages may be celebrated by a minister of religion registered as an authorised celebrant, by a district registrar or by other persons authorised by the Attorney-General. Notice of the intended marriage must be given to the celebrant within 18 months of the marriage, but no later than one month and one day prior to it. Under certain circumstances, however, this time can be shortened. A celebrant must lodge an official certificate of the marriage for registration to a district registrar in the State or Territory in which the marriage took place within 14 days.

3 From 20 June 1973, the minimum age at which a person may marry without parental consent was reduced from 21 years to 18 years. Further amendment to the Marriage Act 1961 in 1991 designated the minimum age at which persons are legally free to marry to be 18 years. Persons between the age of 16 years and 18 years may marry with parental or guardian consent and an order from a judge or magistrate. Any two persons under the age of 18 years may not marry each other.

4 Under the Family Law Act 1975, the irretrievable breakdown of marriage is the only basis on which a divorce is granted. This ground is established by the husband and wife having lived apart for 12 months or more, and there being no reasonable likelihood of reconciliation. Applications for nullity of a marriage under Family Law legislation must be on the ground that the marriage is void because of failure to meet a legal requirement such as that neither party is already lawfully married to another person. There is no provision for judicial separation under Family Law legislation.

5 Successful applicants for a divorce under Family Law in Australia are initially granted a decree nisi. This becomes absolute after one month unless it is rescinded, appealed against, or the Court has not declared its satisfaction that proper arrangements have been made for the welfare of children involved.

6 The Australian Bureau of Statistics (ABS) publication Divorces, Australia, 1976 (cat. no. 3307.0) differentiated between those cases in which a divorce was granted under the former Matrimonial Causes legislation and those cases in which a divorce was granted under the Family Law Act 1975. Such differentiation is not made for subsequent years.

7 Statistics on marriages for 2003-2007 were published in Marriages (cat. no. 3306.0.55.001), and divorce statistics for 2002-2007 were published in Divorces (cat. no. 3307.0.55.001).

SCOPE AND COVERAGE

Scope of Marriage Statistics

8 The scope of the collection is all marriages registered by the Registrar of Births, Deaths and Marriages in each Australian State and Territory for the current 2012 reference period (registered in the 2012 calendar year).

9 Marriages of overseas residents visiting Australia are included in these statistics. Marriages of Australian residents that take place overseas are not included in these statistics.

Coverage of Marriage Statistics

10 Coverage of marriage statistics in Australia is considered complete as all marriages are recorded as legal events. However, there is usually an interval between the celebration and the registration of a marriage. The ABS advises that as a result of the delay in registration, some marriages celebrated in one year are not registered until the following year. Of the marriages registered and processed nationally in 2012, 3,876 were celebrated in 2011.

11 The ABS also advises that there were 145 marriages nationally that occurred prior to 2011 that were registered in the 2012 processing year. These registrations were received as part of the 2012 files and if not previously included in marriage statistics they have been included in the 2012 collection. Please see a breakdown by State or Territory of registration below:


NUMBER OF MARRIAGES, by State or Territory of registration, by Year of marriage


New South Wales
Victoria
Queensland
South Australia
Western Australia
Tasmania
Northern Territory
Australian Capital Territory
Australia

2011 or earlier
849
1346
746
233
334
383
9
121
4021
2012
40132
28555
25530
7464
12634
2530
897
1481
119223
Total(a)
40981
29901
26276
7697
12968
2913
906
1602
123244

(a) Total number of marriages registered in 2012.

Scope of Divorce Statistics

12 The scope of the collection is all divorces granted (decree made absolute) in Australia for the current 2012 reference year (2012 calendar year).

Coverage of Divorce Statistics

13 Coverage of divorce statistics in Australia is considered complete as all divorces granted are recorded legal decisions. In the interpretation of data it is important to bear in mind that the availability of judges and the complexity of the cases brought before them can affect the number of decrees made absolute or granted in any one year. A rise in numbers in one year may be due wholly or in part to the clearing of a backlog of cases from an earlier period. A small proportion of divorces are granted several years after application. Specific information about the lag between application for and the granting of divorce is no longer provided by the Family Court of Australia (FCA).

CLASSIFICATIONS

Socio-Demographic Classifications

14 A range of socio-demographic data is available from the marriages and divorces collection. Standard classifications used in the presentation of marriages and divorces statistics include age, sex, and birthplace. Additional standard classifications used in the presentation of marriages statistics include previous marital status and children of previous marriages. Statistical standards for social and demographic variables have been developed by the ABS.

Marital Status

15 Within this publication, previous marital status relates only to registered marital status, that is, formally registered marriages or divorces for which the partners hold a certificate.

16 For further information about Registered Marital Status versus Social Marital Status Status refer to Family, Household and Income Unit Variables (cat. no. 1286.0).

Australian Standard Classification of Religious Groups (ASCRG)

17 The Australian Standard Classification of Religious Groups (ASCRG), 2011 was released in July 2011 and was used for classifying marriage rites for 2012. Marriage rites from 2006 to 2011 were classified according to the Australian Standard Classification of Religious Groups (ASCRG), 2005. From 1996 to the 2005 collection, marriage rites were classified according to the Australian Standard Classification of Religious Groups (ASCRG), 1996. Prior to this, marriage rites were coded according to a non-standard classification developed within the ABS.

18 For further information about Religious Groups refer to Australian Standard Classification of Religious Groups (ASCRG) (cat. no. 1266.0).

DATA SOURCES

Marriages

19 The registration of marriages is the responsibility of individual State and Territory Registrars of Births, Deaths and Marriages. This information is provided to the ABS by individual Registrars for coding and compilation into aggregate statistics shown in this publication.

Divorces

20 The divorce statistics shown in this publication relate to divorces granted in the 2012 calendar year. The statistics are compiled by the ABS from information supplied by the Family Court of Australia (FCA). The FCA provides combined data from the registries of the Federal Magistrates Court (FMC), the Family Court of Western Australia (FCWA) and the FCA.

Changes in provision and processing of divorces data

21 The FCA provides the ABS with electronic files, containing divorce data from each Court Registry as well as the FMC and the FCWA.

22 Since 2005, all divorce processing has been completed by the FCA rather than the ABS. The ABS advises that under these arrangements, the medians at the total level for specific geographical regions in tables 5 and 6 are not available (e.g. total of Oceania and Antarctica, total North-West Europe, etc.).

SPECIFIC ISSUES FOR 2012 DATA

23 The data item "number of children of previous marriages" has not been published for a number of years due to data quality issues. The Notice of Intended Marriage form only collects the number of children from previous registered marriages and therefore excludes children born out of wedlock. This will affect the accuracy of the number of children affected by marriage.

24 Duration of residence (years and months) data for marriage statistics has not been available for certain States and Territories, nor at a national level from 2005. Duration of residence data has not been published for any State or Territory for 2012 due to data quality issues.

25 The Family Law Court introduced the eFiling system in September 2009 whereby a divorce application can be electronically submitted from anywhere in the world. The divorce hearings are conducted at selected locations/cities, and parties do not need to attend the divorce hearing; however, they must provide the necessary documentation and evidence before a divorce is granted. The ABS does not receive details of whether a divorce has been processed through the eFiling system.

26 Due to administration factors, the Victorian marriages data for 2012 have been been subjected to systematic sampling and have had a weighting applied for all subtotal categories. Please see Explanatory Note 29 for further information.

STATE AND TERRITORY DATA

Marriages

27 Marriage statistics are based upon the State or Territory in which the marriages are registered, rather than the State or Territory of usual residence of the applicants. This needs to be considered when interpreting State and Territory data, particularly when comparing State and Territory. People who usually reside in one jurisdiction may choose to marry in a different jurisdiction. Overseas residents who marry while visiting Australia are also included in marriages statistics by the State or Territory in which their marriage is registered. Furthermore, marriages that occur in the Other Australian territories of Christmas Island, the Cocos (Keeling) Islands and Jervis Bay Territory are registered in the nearest State or Territory to where the marriage occurs.

28 Given the range of administrative factors that can affect the extent to which marriages are registered in a particular State or Territory in a given year, the ABS advises that care should be taken interpreting State or Territory level data. Timeliness of marriages being registered at the State and Territory Registries and and delay in provision to the ABS may lead to volatility in data movements from year to year. For example, the 2012 State and Territory data contains a number marriage registrations which were celebrated prior to 2012, while there were also marriages celebrated in 2012 that were not captured in this publication. Therefore the data shown in this publication is on a year of registration, not a year of marriage basis. Please see Explanatory Notes 10 and 11 for further information.

29 The Victorian marriages data for 2012 have been been subjected to systematic sampling and have had a weighting applied for all subtotal categories. The Victorian Registry of Births, Deaths and Marriages is updating systems and processes and the sampling method has been applied as an interim measure only. For further information on the sampling methodology used and weighting please see below:

SYSTEMATIC SAMPLING

Systematic sampling, sometimes called interval sampling, means that there is a gap, or interval, between each selection. This technique requires the first item to be selected at random as a starting point for testing and, thereafter, every xth item is chosen. The systematic sampling technique was used when inputting the 2012 Victorian marriages data. After selecting a marriage as a starting point every fourth record was selected based on registration number. Approximately 7,500 marriage registrations were selected as the final Victorian sample.

The advantage of systematic sampling is that it is simpler to select one random number and then every ‘th’ (e.g. 4th) marriage registration number, than to select as many random numbers as sample size. It also gives a good spread right across the full dataset.

WEIGHTING

Weighting is the process of adjusting results from a sample to infer results for the total scope population whether that be persons or households, and for this collection, Victorian marriages. To do this, a 'weight' is allocated to each sample unit i.e. a marriage. The weight is a value which indicates how many of the total number of marriages are represented by each sample marriage registration.

In calculating weights for each marriage it is necessary to assign an initial weight, which is equal to the inverse of the probability of being selected in the survey. For example, the probability of a marriage being selected in the sample was 1-in-4, therefore the sample marriage has a weighting value of four (that is, the one marriage systematically sampled represents four marriages).

Divorces

30 The ABS considers that details of divorce on a State or Territory of usual residence at separation basis is a more accurate reflection of divorce in States and Territories in Australia than are those provided on a State or Territory of registration basis. These details are, however, only available for 1993 and 1994.

31 The ABS advises that data for subsequent years are only available based on the location of the Family Court or Federal Magistrates Court where divorce is granted and registered.

32 Due to the large number of divorces granted in the Australian Capital Territory to usual residents of other States and Territories, the crude divorce rate and age-specific divorce rates of the Australian Capital Territory are not reliable and so are not made available through this publication.

33 Similarly, divorces of persons usually resident in Other Territories are registered in the nearest State or Territory. For example, divorces of residents of Jervis Bay would generally be registered in New South Wales.

34 Prior to 2002, the Brisbane Family Court heard divorce cases from areas in Northern New South Wales. In 2002 and 2003 these cases were dealt with by the Newcastle Family Court. From 2004 these responsibilities were transferred back to the Brisbane Family Court and Brisbane Federal Magistrates Court.

35 The ABS also advises that administrative lags may impact on data. For example, the FCA have informed the ABS that in general, approximately 25% of divorces applied for in a particular year will not be granted until the following year.

GENERAL INFORMATION

Use of Rates

36 There are two different rates of marriage and divorce presented in this publication: crude marriage and divorce rates and age-specific marriage and divorce rates.

Crude marriage and divorce rates

37 Crude marriage and divorce rates provide a summary indicator which compares the number of people who marry or divorce within a specified reference year to the total estimated resident population as at 30 June of that year. This provides an indicator of change over time in the number of marriages and divorces within the population. All crude marriage and divorce rates prior to 2012 are as per previously published rates.

Age-specific marriage and divorce rates

38 Age-specific marriage and divorce rates give an indication of the proportion of males or females in a particular age group of a population registering their marriage or who are granted divorce in a given year. All age-specific marriage and divorce rates prior to 2012 are as per previously published rates. There are two types of age-specific divorce rates presented in this publication.

39 Age-specific marriage and divorce rates per 1,000 estimated resident population give the proportion of total estimated resident population for a given age group who are married or divorced in a specific reference year. This gives an indication of the number of males or females of a certain age who register their marriage or who are granted a divorce, controlling for changes in the age distribution of the population. In calculating these rates, people aged under 16 years are excluded from the population as they are not legally eligible to marry in Australia and it is extremely unlikely that they would be eligible for divorce.

40 Age-specific divorce rates per 1,000 married population gives a more accurate representation of divorce rates as it provides an indication of the proportion of married people of a certain age and sex who are granted divorce in a specific year. This data is only produced for years in which the Census of Population and Housing is conducted, as marital status of the Australian population is only available from the Census. In the Census, all people aged under 15 years are assumed not to be married. Consequently, these people are excluded from the married population.

Estimated Resident Population (ERP)

41 Estimates of Australia's population by age at the date of the census are derived from the Census of Population and Housing by adjusting census counts for under-enumeration and adding the number of Australian residents estimated to have been temporarily overseas at the time of the census.

42 Post-censal population estimates are obtained by advancing the previous year's estimates to the next year by subtracting deaths and adding births and net estimated interstate and overseas migration. After each census, estimates for the preceding inter-censal period are revised by incorporating an additional adjustment (inter-censal discrepancy) to ensure that the total inter-censal increase at each age agrees with the difference between the estimated resident populations at the two respective census dates.

Suppression of small cells and confidentialisation

43 Under the Census and Statistics Act 1901, the ABS is unable to release data which may identify individual contributors. For marriage data, cells with small values have been randomised to protect confidentiality. The ABS advises that in the past, different methods of confidentialising data may have been used.

44 For divorce data up to and including 2003, randomisation was used to protect confidentiality of cells with small values in this publication. From 2004 onwards, small cells have been suppressed to avoid the disclosure of potentially identifiable information. Therefore, 2003 and 2004 data with small values cannot be compared. However, it is valid to make comparisons between years up to 2003 and between years 2004 and 2012.

Effects of rounding

45 Where figures have been rounded, discrepancies may occur between totals and sums of the component items.

Availability of marriages data items

46 When analysing time series data in this publication, it is important to note that in 2004, marriage registrations were sampled for the larger States of New South Wales, Victoria, Queensland and South Australia, while the other States and Territories were fully enumerated. Sampled forms were subject to full processing. For an explanation and calculation of the sampling error see Marriages Australia, 2004, Technical Notes (under Explanatory Notes). Full processing resumed for 2005.

47 A complete review of data items supplied to the ABS by the State and Territory Registrars of Births, Deaths and Marriages was conducted in 2005. A range of data items were not collected in 2005 due to issues relating to the quality and completeness of information supplied by marrying couples on the Notice of Intended Marriage form and differing State and Territory Registrar practices regarding recording of data items. Data items not available from 2005 onwards include:
  • birthplace of bride/groom father
  • birthplace of bride/groom mother
  • number of marriages of bride/groom
  • first marriage date of bride/groom
  • number of previous marriages bride/groom.

48 The data item "number of children of previous marriages" was not published in 2006 due to issues relating to the quality of the data. This data item was available for 2007 for selected states. It is not available from 2008 onwards.

GEOGRAPHIC CLASSIFICATIONS

Australian Standard Geographical Classification (ASGS)

49 The ASGS provides a common framework of statistical geography used by the ABS to enable the publication of statistics that are comparable and spatially integrated. This publication is the first in a series of Volumes that will detail the various structures and regions of the ASGS. Its purpose is to outline the conceptual basis of mesh blocks, the regions of the main structure and the Greater Capital City Statistical Areas and their relationships to each other. The digital boundaries, codes and labels for each of these regions can be obtained as downloads from the ABS website free of charge.

50 For further information about the ASGS please refer to Australian Statistical Geography Standard (ASGS): Volume 1 - Main Structure and Greater Capital City Statistical Areas, July 2011 (cat. no. 1270.0.55.001).

Standard Australian Classification of Countries (SACC)

51 The SACC groups neighbouring countries into progressively broader geographic areas on the basis of their similarity in terms of social, cultural, economic and political characteristics.

52 Birthplaces within Australia are coded to the State/Territory level where possible. The supplementary codes contain the relevant State and Territory 4-digit codes.

53 For further information about the SACC refer to Standard Australian Classification of Countries (SACC) (cat. no. 1269.0).

Main English-speaking Countries (MESC)

54 This refers to the main countries from which Australia receives, or has received, significant numbers of overseas settlers who are likely to speak English. These countries comprise the United Kingdom, the Republic of Ireland, New Zealand, Canada, South Africa, and the United States of America. All other countries are classified as Non Main English-speaking countries (NMESC).

RELATED PRODUCTS

55 Other ABS publications which may be of interest are outlined below. Please note, older publications may no longer be available through ABS bookshops but are available through the ABS library. All publications released from 1994 onwards are available free of charge on the ABS website <http://www.abs.gov.au>.
Census of Population and Housing: Estimated Resident Population DataPack, 2011

    ADDITIONAL STATISTICS AVAILABLE

    56 As well as the statistics included in this and related products, additional information is available from the ABS website at <http://www.abs.gov.au> by accessing the topics listed at Themes>People. The ABS may also have other relevant data available on request. Inquiries should be made to the National Information and Referral Service on 1300 135 070 or by sending an email to client.services@abs.gov.au.


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