New Data Shows Divorces are Down, De Facto and Binding Financial Agreements On The Rise

24 July 2025: Newly released figures from the Australian Bureau of Statistics (ABS) reveal a significant shift in relationship trends across the country, with Australia’s divorce rate now at its lowest point in half a century. Family Law Expert, Angela Tondelstrand, says the figures represent a shift towards Australians choosing de facto relationships over tying the knot.

The 2024 Marriages and Divorces data, released yesterday (Wednesday 23 July), show the overall rate of marriage has declined steadily over the past 20 years – from 7.1 per 1,000 adults in 2004 to 5.5 in 2024. The past year saw a modest 2% increase in the number of couples marrying from the year prior.

The stats also showed the median age for marriage has risen to 32.8 years for men and 31.2 years for women, indicating a tendency to marry later in life and with greater selectiveness. Anecdotally, Tondelstrand also believes the average age is increasing due to the increase in second marriages, which occur later in life, which for those currently in their 40s could still have seen a long marriage early in life, with still time for another long marriage mid-life to retirement.

While Same-sex and gender-diverse marriages rose by 4.1%, with more same-sex female couples both marrying and divorcing compared to male couples, divorce rates within this cohort also ticked up slightly from 1.4% to 1.6% of all divorces.

Tondelstrand, who is Director of Catton & Tondelstrand Family Lawyers, says she is experiencing more people choosing to commit to each other and live together, but not necessarily seeing the need to wed.

“This year’s ABS data on divorce rates reflected what we are experiencing in our own firm, where there is an increase in people wanting Binding Financial Agreements (BFA’s) where they choose to be very clear about how they wish to protect the assets they have created prior to entering a new relationship. However, we are not necessarily seeing a decline in people seeing us for family law advice around divorcing or separation.

“BFA’s (in the U.S. known as prenuptial agreements) are no longer a conversation people avoid. Mature couples with assets want to ensure they protect any wealth they have created and want to ensure they can pass that on to children from previous relationships so it is now accepted that a discussion on what that looks like as they enter into a long-term relationship is a priority. People in de facto relationships and marriages have the same rights when it comes to family law, with many people no longer seeing the need to walk down the aisle,” she said.

The 2024 figures also reflect the lasting impact of the COVID-19 pandemic. Marriage rates dropped sharply during the height of restrictions (2020–2022) before rebounding, while a brief spike in divorces was observed in 2021, likely linked to pandemic-related pressures.

“However, what these statistics don’t reflect is the number of people living together who are separating. They were never married but are considered to be in a de facto relationship, so we are missing a whole cohort of people who, had they chosen to be married, would and should be considered in this data.

“Having said that, the data around the decline in divorce rates and the improved longevity of marriages is refreshing to see because when families are built on solid, respectful foundations, that is a positive for the whole community,” Tondelstrand said.

For more information, contact Catton and Tondelstrand Family Lawyers.

To book online click here.

Recommended Posts