However, Cassandra Kalpaxis, the director of Kalpaxis Legal, has pointed out that these figures fail to capture the full extent of what is unfolding within the broader divorce and separation landscape.

From her perspective, Kalpaxis argued that despite what the statistics suggest, divorce rates “certainly aren’t falling”, noting that she is seeing “more people going through separations”.

She attributed the rise in individuals pursuing separations over formal divorce to a combination of economic and social factors.

These include Australia’s “current economic climate” – marked by rising living costs and increasing financial pressures – individuals being “more informed” about the separation process, improved access to “a broader range of specialists”, and a societal shift in which separation is no longer considered “taboo”.

Contrary to the common belief that separations are easily and quickly resolved, Kalpaxis explained that this is often not the case for matters that proceed to a final hearing in the Family Court, which can “take up to two to three years” to conclude.

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However, she noted that such lengthy timelines typically apply to highly contentious cases, where parties are “disputing absolutely everything, down to who did the washing up in 1978”.

Such protracted litigation can have lasting consequences, with Kalpaxis noting that lengthy proceedings often take a significant toll on an individual’s mental health. She explained that those involved in drawn-out family law disputes are “more likely to develop anxiety, depression, and other mental health conditions”.

However, the impact of protracted proceedings isn’t limited to emotional strain. Kalpaxis pointed out that the financial burden can also be significant, with extended litigation leading to mounting costs from “legal fees, expert fees [and] counsel fees”.

Kalpaxis emphasised that while prolonged courtroom battles often capture public attention, they represent a small fraction of separation cases. She cited a recent analysis by the chief justice that “around 5 per cent of people end up in a prolonged final hearing in the family court”.

“Roughly half of all separating couples resolve things amicably and never come through our doors. Of the other 50 per cent, about 30 per cent settle fairly quickly – they might use mediation, or we just help with orders.

“The remaining 20 per cent go to court, but to varying degrees – some go through the first stages and then settle, others resolve after an interim hearing or an expert report. Only a small portion take it all the way through to trial,” she said.

When asked whether the current legal framework effectively supports families navigating divorce, Kalpaxis offered a pragmatic view, stating: “I think it does, as well as it can within the framework we’ve got.”

She expressed that “it never will be” perfect. Still, Kalpaxis highlighted that “with the right professionals involved, the court system is designed to support families and help them reach a resolution quickly”.

“Where it gets tricky is when different dynamics are at play and not everyone is focused on what’s best for the family. That’s when the process becomes much harder to navigate,” she said.