According to new Australian Bureau of Statistics (ABS) data, Australians are separating later in life and after longer marriages than in previous decades.
The median duration of marriage before divorce has steadily increased over time, and the average age at divorce has risen into the mid-40s. These trends suggest that separation is typically the result of long-term reflection, not an impulsive decision made at the start of the year.
At the same time, children continue to play a central role in many separation decisions. While close to half of Australian divorces still involve children under the age of 18, that proportion has gradually declined over time. Family law experts say this reflects people staying together longer and often delaying separation until they feel better prepared, emotionally and practically, to manage change for their families.
Lauren Wilson (pictured, above), Director, Founder and Principal Family Lawyer at Village Family Lawyers, says January is less about crisis and more about clarity.
“For many couples, Christmas is about holding things together for children and extended family,” Ms Wilson said.
“January is often the first time people have the space, structure and emotional clarity to ask questions and understand their options. Seeking legal advice at that point does not mean rushing into divorce. More often, it means planning carefully and protecting what matters most.”
She said the return to work and school routines can also prompt people to think more practically about the future. Parenting arrangements, financial planning and long-term stability often come into sharper focus once the holiday period ends.
Ms Wilson says the data challenges the idea that January is driven by sudden decisions.
“What we see in practice aligns very closely with the ABS trends,” she said. “People are separating later in life, after many years together, and usually after trying for a long time to make things work. By the time someone seeks advice, the decision has often been forming for years.”
Family law specialists note that the type of advice sought at this early stage can have a lasting impact, particularly where children, property or complex financial arrangements are involved.
“Modern separation looks very different to the stereotypes people imagine,” Ms Wilson said. “Most people are not looking for a fight. They are looking for clarity, dignity and a way forward that supports their children and their future wellbeing.”
While the idea of a single “Divorce Day” makes for an easy headline, experts say the real story emerging in January is about preparation, not panic.
“January is not about ending relationships overnight,” Ms Wilson said. “For many people, it’s about taking a calm first step towards informed, considered decisions.”
