By Cat Woods -
Australians over 50 are increasingly choosing to divorce at a time when the overall divorce rate is declining. Lawyers must contend with the causes, the complexities, and the challenge of working with clients who have emotional, financial, and cultural concerns. Then, there are the adult children with opinions and agendas to factor in.
The Australian Bureau of Statistics (ABS) indicates that the rate of divorce for Australians over 50 has increased over the past 30 years. In 1990, only 13 per cent of divorces involved individuals aged 50 or older. By 2020, the rate more than doubled to 27 per cent. Behind the increase in grey divorce, a multitude of influences may explain why over 50s are choosing to end their marriages. Unlike 60+ years ago, divorce is no longer a societal taboo and marriage is not viewed as an eternal commitment “no matter what”.
National Seniors Australia points to factors like ‘empty nest syndrome’, financial pressures and the challenges in retirement, where two people are spending much more time together without children present.
Complexities of older divorcees and changes to the Family Law Act
Family lawyers face particular challenges posed by grey divorce, and in order to best serve their client’s interests with compassion and professionalism, LSJ Online spoke about the ins-and-outs of grey divorce with family lawyer Katrina Beltran at Colin Daley Quinn Solicitors in Kogarah.
Beltran says she’s seen an uptick in family law matters involving at least one party over the age of 50. When couples who have been long-term clients, sometimes in financial matters, it can be awkward.
“It’s complicated because it causes a conflict,” she explains. “Potentially, the couple have to agree if we can represent any one of them, in which case the other party has to find alternative legal representatives. It’s a shift in that party’s legal landscape. They would have to consider who to trust again.”
There are potentially cultural and religious beliefs that weigh on clients, emotional pressure applied by adult children and stepchildren who fear losing their inheritance or feel invested in their parents’ marriage, a fear over finances being overly complicated, hidden or manipulated by the wealthier partner, and emotional attachment to homes, pets, vehicles and other shared assets stretching back decades. For partners who haven’t worked or had an active say in family finances, it may also be a scary prospect to have to establish independent financial management and address the need for renting or buying real estate for the first time. In that sense, a lawyer may also seek resources to assist their client in learning about independent financial management, superannuation management, real estate, and psychological support.
Family Law Act changes since June 2025
From 10 June 2025, the Family Law Act 1975 (Family Law Act) has changed to better address family dispute resolution, children’s services, and how property and financial matters are managed. The Act been amended via the Family Law Amendment Act 2024 (Cth) to address domestic violence in the context of property and financial division.
“When it comes to grey divorcees, there’s often been a long time in the workforce by one or both parties, so there’s large superannuation to be dealt with.”
The Amendment Act more clearly recognises economic or financial abuse as family violence. It now provides a stand-alone provision for economic or financial abuse and broadens the definition of unreasonably denying financial autonomy.
Beltran says, “When it comes to grey divorcees, there’s often been a long time in the workforce by one or both parties, so there’s large superannuation to be dealt with. If the superannuation has been accessed by both parties, you have to ask to what extent it doesn’t remain preserved. What assets have they brought in from, say, previous marriages to this one, and what assets are going to be left to children of previous marriages?”
Beltran differentiates between long-term marriages and second or third marriages involving a party over 50.
“In a grey divorce situation where they’ve been married for years and years and years, and they split, you’re looking at the future needs of the couple, whether there are health issues, how much superannuation is split? When were the assets formed? How much is one party in need relative to the other party, or are they kind of in the same boat? What are the long-term contributions?”
Ultimately, in addition to the usual family law considerations, she says, “Do they have enough to live on and support themselves moving into the future? And what have they done with their assets during the course of marriage to either positively contribute or negatively contribute to it? So that’s the long-term relationship where the couple have been married to each other for 20 to 50 years. Then you’ve got the second or third marriages, where one or both parties have already had property splits prior, and they’ve brought in assets from their previous relationship into this relationship, which is now breaking down. So, there’s a disentangling of the initial contributions at the start of the relationship, establishing the contributions towards a joint matrimonial asset pool, and there may be inheritances to consider.”
On top of the logistical complexity, the psychological challenge can be daunting for some parties. Beltran adds, “The challenge for the clients is the loss of control over things that they’ve held and built together for so long, and the disappointments and grief of the end of a relationship at that stage of life. It’s pretty challenging.”
Domestic violence and coercive control accounted for in amended Act
Beltran says recent changes to the law will make a big different to how abuse is treated when it comes to property. “Previously, the threshold for being able to have a property adjustment which accounted for a party’s experience of domestic violence or coercive control was really quite high. The recent changes in the Act have just come about this year and they’re yet to be tested. Certainly, I’m seeing an uptake in domestic violence being much more prevalent as part of the matrix of issues that are brought forward in a property adjustment situation.”
The amendments address spousal maintenance in addition to the division of assets, taking into consideration the future needs of the alleged victim of abuse and how the abuse has negatively affected their ability to contribute financially and non-financially.
Beltran says that relatively straightforward property settlements can be finalised quite efficiently, but in cases where parties have not made legally binding agreements over property division, or they are in conflict over property entitlements and adjustments, it can take years to battle it out.
“If you’re engaging lawyers, property settlement may cost anywhere from $8,000 up, depending on the size of the property pool and differences between parties. Legal costs escalate quickly where there is greater disagreement.”
Generally in Australia, parties separate for 12 months prior to applying for a divorce. Upon the order being granted, the parties have one year to finalise a settlement.
“They do have a year after the divorce order is effective, to apply to the Federal Circuit and Family Court of Australia for property division, whether it be by an application of consent orders or by an initiating application to commence proceedings.”
Beltran says attitudes to divorce are multifaceted, but she admires couples and individuals who can view divorce as an avenue for new beginnings, and one that can be done amicably.
“I do know couples who have stayed together because of cultural or generational taboos, but others of the same generation who have recognised that ‘we’ve grown apart and we’re happier apart’, and that’s where the pragmatic approach kicks in. Clients often have children and grandchildren, so that’s an incentive to be amicable in a divorce because they want to preserve the history that they have for their children and grandchildren, so that they can be in the same room without being bitter and twisted in that room.”
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