The latest Australian divorce numbers are out and buried underneath the headline figure of 49,158 divorces last year is a much more interesting story about how Australians are actually separating.
Divorce is getting older. More couples are applying for divorce together than separately. Almost half of divorces involve children under 18. And forget the famous seven-year itch; Australian marriages now reach a median of 9.4 years before separation…. So, what does all that mean for the people behind the statistics?
Divorce is getting older
In 2025, the median age at divorce reached 47.3 for men and 44.4 for women.
But there’s another interesting detail in the data: divorce rates increased across male age groups from 40–44 onwards and female age groups from 35–39 onwards, while rates actually fell slightly among 25–34-year-olds. In other words, the increase in divorce isn’t being driven by younger Australians.
And separating in your 40s, 50s or beyond can look very different to separating earlier in life. We see it every week at Respect Legal. Mid-life divorces usually involve a family home, significant superannuation, investments, businesses, established careers, mortgages and much more financial history to untangle. Children may be teenagers or young adults. One person may have stepped back from their career to care for the family. Blended family elements might be at play.
Which is why later-in-life separation deserves its own conversation. (And we just happen to specialise in that!)
More couples are applying for divorce together than separately
This one surprised us. According to the detailed ABS data for 2025:
- 50.4% were joint applications
- 25.4% had a female applicant
- 24.2% had a male applicant
So the old image of divorce — one person dramatically “filing against” the other — isn’t the whole picture. With a joint divorce application, both spouses are applicants and both sign the application. With a sole application, one spouse makes the application. Importantly, this statistic does not tell us who ended the relationship.
And a joint divorce application doesn’t mean every part of the separation was friendly, easy or agreed. Parenting, property and financial matters are separate from the divorce itself.
Still, we think there’s something encouraging in that number.
Ending a marriage doesn’t automatically have to start with me versus you. Sometimes doing divorce differently begins right there.
Almost half of divorces involve children under 18
Of the divorces granted in 2025, 22,941 (or 46.7%) involved children under 18. Across those divorces, the ABS recorded 40,748 children.
And this is where the conversation needs to move well beyond simply asking, “Who gets the kids when?”
Divorce and parenting arrangements are legally separate processes. When parents separate, arrangements may be made informally, through a parenting plan, through consent orders or, when agreement cannot be reached, through court orders. A parenting plan is a written agreement made jointly by parents, but unlike a parenting order, it is not itself legally enforceable.
The real work is deciding what everyday life should look like for this particular child.
That can mean thinking about where they live and spend time, school days, holidays, handovers, healthcare, extracurricular activities, communication, major decisions and maintaining important relationships. The Court itself emphasises routine, age, the child’s views, safety and each individual child’s circumstances when considering parenting arrangements.
And if your child is neurodivergent, some of those details can become particularly important. We’ve got a special interest in separation and neurodiversity at Respect Legal.
A thoughtful parenting arrangement might consider things like:
- how frequently your child can comfortably transition between homes
- predictable routines and how changes are communicated
- sensory environments and regulation needs in each home
- medication, therapy and appointments
- consistency around school supports
- sleep, food and other established routines
- communication preferences
- comfort objects or familiar belongings moving between homes
- what dysregulation looks like for your child and how each parent responds
- whether a school handover may be easier than a direct parent-to-parent transition.
Australian family law does not require children to spend 50/50 time with each parent, and the Court must make the child’s best interests its paramount consideration. Those considerations expressly include the child’s developmental, psychological, emotional and cultural needs and the capacity of caregivers to meet them. So we come back to something we say often:
Child-first doesn’t necessarily mean 50/50. It means designing arrangements around the child in front of you; rather than trying to make the child fit around an adult timetable.
The seven-year itch? Try 9.4 years instead.
Apparently the seven-year itch needs a rebrand! The median Australian marriage now reaches 9.4 years before separation. The median time from marriage all the way through to divorce is even longer: 13.4 years.
And that difference is another useful reminder: Separation and divorce are not the same thing.
In Australia, spouses must ordinarily have been separated for at least 12 months and one day before they can apply for divorce. Property, parenting and financial matters may also be happening on completely different timelines. Relationships rarely end according to a neat timetable.
For some people, separation follows one defining moment. For others, the relationship has been changing for years before somebody finally says the words out loud. Getting legal advice doesn’t mean you’ve committed to a divorce. Sometimes it simply means understanding what your options would be if you decide to take the next step.
So, what’s the story with divorce in Australia now?
The interesting story unfolding is that divorce itself is changing. It’s happening later in life. More couples are lodging the divorce application together. Children remain part of almost half of divorces. And marriages are lasting longer before separation. But behind every one of those statistics is a completely different family, with unique set of values, personalities, and needs…
Which is exactly why we don’t believe in one-size-fits-all approach to divorce at Respect Legal: We do divorce differently.
Respectfully, child-focussed, and with every effort made to stay out of court.
If separation is part of your world and you’re not sure what comes next, you can start with a free, friendly 15-minute phone appointment with Respect Legal. Book your call online at www.respectlegal.com.au today.
Source: Australian Bureau of Statistics, Marriages and Divorces, Australia, 2025.