One thing Aussies no longer do
'The question we're hearing more and more is: Can either of us afford to live after this?' family law specialist Kylie Burke said.
'In 2025, we're seeing more disputes over school fees, medical costs and even basic shared-care logistics – because everyone is under pressure.'
Government data shows divorce rates in 2023 hit their lowest since the mid-70s. The rate of divorce in Australia has decelerated over the past few decades but not as abruptly as the marriage rate. NewsWire / Brenton Edwards Credit: News Corp Australia
In 1975, no-fault divorce was written into law, removing the need to prove adultery or desertion, meaning divorces could be granted because of irreconcilable differences.
Divorce rates fell by almost half over the next decade and have gradually tapered down since, as the overall marriage rate continues to dip at an even quicker rate.
In 1976, 6.3 people (aged over 16) per 1000 got divorced versus 13 people per 1000 getting married.
In 2023, 2.3 people per 1000 called it quits, while 5.5 per 1000 tied the knot.
Burke Mangan Lawyers partner Ms Burke said she was seeing more and more couples stay together because they could not afford to live separately. Australian marriage rates have fallen about one-third since the turn of the century. NewsWire / Nikki Short Credit: News Corp Australia
'Dividing assets is just one part of the picture now – it's also about ensuring both parties can afford to live, support the children and plan for their financial future,' she said.
'With rents up 30 per cent in some capital cities and lending conditions tight, many people are being forced to stay under the same roof – even after they've split.
'The old model, where one person keeps the home and the other rents nearby, is increasingly off the table.'
Living together after separation was called 'financial flatmates' among lawyers, and 'fraught with emotional and legal risk'.
'It might feel like a short-term fix, but without proper agreements in place, they often lead to major conflict down the track,' she said.
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