2 June 2025: With divorce rates falling to a historic low in Australia, family law expert and director at Catton & Tondelstrand Family Lawyers, Liz Catton is breaking down the latest findings from the Australian Institute of Family Studies (AIFS) – and pointing to trends that are increasingly visible in family law practice.
“These aren’t just statistics – they mostly mirror the lived reality of the clients we work with every day. We’re seeing older Australians ending longer marriages, while younger couples are increasingly cautious about entering marriage in the first place,” said Catton.
According to AIFS data, the 2023 divorce rate fell to just 2.3 per 1,000 people aged 16 and over – the lowest level recorded since the Family Law Act was introduced in 1975.
Later-in-life divorce on the rise
Divorce rates are higher for younger married couples but declining over time. While, on the other hand, divorce rates are lower for older couples but increasing over time.
“Many clients in their 50s and 60s are separating after 20 or 30 years together,” Catton noted. “They’ve raised children, built assets, and are now navigating divorce at a very different life stage.”
Nearly 30% of divorces in 2023 involved marriages lasting 20 years or more, and the median marriage duration to divorce was 13 years.
Divorce rates among younger couples falling
At the same time, fewer young Australians are filing for divorce. The data shows that couples under 30 have the highest risk of separation- but those numbers are dropping year on year. Factors such as marrying later, higher rates of cohabitation before marriage, and more deliberate decision-making appear to be contributing to this trend.
Children and divorce – a stable rate, but long-term change
The proportion of divorces involving children under 18 has stabilised at around 47% over the last decade, after dropping from 68% in 1975. This reflects both the ageing demographic of divorcing couples and broader social trends including delayed parenthood and lower birth rates.
“From a legal and emotional standpoint, divorces that don’t involve young children tend to be less complex,” said Catton. “But for families with children, managing the best interests of the child remains a critical focus.”
Same-gender divorces are now part of the national picture
Divorces among same-gender couples have been rising steadily since first being reported in 2021. In 2023, there were 696 same-gender divorces, including 394 among female couples, 228 among male couples, and 74 involving individuals identifying with a non-binary gender term.
“These numbers are still relatively small, but they represent an important evolution in family law,” Catton said. “It’s critical that legal systems, and support systems, are inclusive and responsive to all types of families.”
Ends.
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