Silver linings: understanding the rise of late-life divorce

In recent years, the UK has witnessed a significant rise in divorces among older couples, often referred to as “silver separations” or “grey divorces.”

This trend is particularly pronounced among couples in their late 50s and early 60s, with the Office for National Statistics noting a 75% increase in divorces among couples in their sixties over the past twenty years. This phenomenon presents unique challenges, both financially and emotionally, that are distinct from divorces among younger couples.

Trends behind silver separations

Several factors contribute to the increasing number of silver separations:

1. Longer Lifespans and Changing Attitudes: Advances in healthcare have led to longer lifespans, allowing people to reassess their relationships and pursue happiness in their later years. Societal attitudes towards divorce have also softened, making it more acceptable for older couples to part ways.

2. Financial Independence: Many older women have achieved greater financial independence, reducing their reliance on their spouses and giving them the confidence to make life choices without economic constraints.

3. Increased Wealth: Couples in this age group often have accumulated significant wealth, including substantial pension funds and increased property values, making separation more financially viable.

Challenges of silver separations

While silver separations offer a chance for renewal, they also come with distinct challenges:

• Asset Division: The division of assets, particularly non-matrimonial assets such as inheritances or pre-marital property, can be contentious. Courts differentiate between matrimonial and non-matrimonial assets, but disputes often arise over whether certain assets should be included in the division.

• Pension and Retirement Planning: Pensions are typically considered marital assets and are subject to division during a divorce. This can significantly impact retirement plans, as the division of pensions may leave one or both parties with reduced financial security.

• Housing Needs: Decisions about the family home, whether to sell it or for one partner to retain it, can be complex and emotionally charged.

• Emotional and Social Challenges

• Emotional Impact: The end of a long-term marriage can be emotionally overwhelming, involving grief, anxiety about starting over, and potential separation from mutual friends and family.

• Impact on Adult Children: While older couples may not have to navigate child custody issues, their adult children can still be affected by the divorce, particularly if they are drawn into family conflicts or experience changes in family dynamics.

• Social Adjustments: Older individuals may face challenges in rebuilding social networks and adjusting to new social roles outside of the marriage.

Navigating silver separations

Given the complexities involved, it is crucial for older couples considering divorce to seek professional advice:

Legal Guidance: Understanding the legal framework regarding asset division and pension sharing is essential to ensure a fair settlement.

Financial Planning: Engaging financial advisors can help in reassessing retirement plans and ensuring that both parties are financially secure post-divorce.

Emotional Support: Accessing counselling or support groups can provide emotional support during this challenging time.

How we help: Divorce Solutions

We are a team of five experienced lawyers, but unlike a traditional firm, we work as divorce consultants.

• We guide you through the legal maze – ensuring you don’t make expensive errors.

• We help lower the temperature, making the process less stressful.

• We save you money by focusing on practical, cost-effective solutions rather than unnecessary legal battles.

Free consultation

If you’re considering divorce or know someone who might need guidance, let’s talk. We don’t charge for an initial consultation.

Divorce numbers around the world

Here’s a question for you. Which country in the world has the most divorces per capita of population and, when considering your reply, bear in mind that England and Wales (at around 3 per 1,000 people), do not feature anywhere near the top of the list.

Figures produced in 2021 show that the countries with the highest divorce rates per 1,000 people, are the Maldives (5.52), Kazakstan (4.6), Russia (4.4), and Belarus and Belgium at (3.7). In fact the Maldives were awarded a Guinness World Record for the highest divorce rate on record in 2002, with 10.97 divorces per 1,000 Maldivians. This was over twice as high as the second highest divorce rate ever recorded. Those countries with the lowest rates are India (0.01), Mozambique (0.04), Kenya (0.06), Zimbabwe (0.07) and Vietnam (0.2).

There are many reasons for the variance in figures; culture, religion, accessibility to divorce, attitudes to pre and post marital sex and single parenthood, female emancipation, economics and the response to global crisis like covid.

In the western world, because of more liberal attitudes and the financial cost of a wedding, there has also been a decline in the number of people getting married. Indeed, it is reported that by 2050, the annual number of marriages in the UK could fall below 200,000. Predicting the continuation of the current downward trend, the figure is expected to fall to around 175,137 representing a huge 28% decline from 2019.

Revisions to our legal system by the introduction of ‘no fault divorce’, plus a simple on-line process for applying for divorce and a legal directive requiring couples to consider processes that provide non-court divorce resolution are slowly beginning to change the face of divorce. The objective is that only the most acrimonious of cases will end up in court.

However, without knowing how to navigate the legal maze it is easy to make the wrong and expensive decisions and that’s where we help.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Is divorce amongst the over-65s on the increase?

A study in the U.S (reported in the Independent), has identified that 36% of adults getting divorced are aged 50 or older and that the only age group with an increasing divorce rate is adults aged 65 and older.

This raises questions about how ‘grey’ divorcees will manage financially in old age when they need to fund two homes and lifestyles instead of one.

The study says that typically, divorces at this age will negatively impact women more than men and that in heterosexual relationships, the economic effects are reportedly “less severe” for men. The survey found that middle-aged men may even experience an income bump after their divorce. Typically, women in younger generations are more likely to work well into middle age than their older counterparts.

Social norms perpetuated in past decades, like men being the sole breadwinners and providers, result in the economic disadvantages that “grey divorces” impose on women.

Instead of relying on their spouses to manage the finances, future generations of women are therefore encouraged to take a more active role in the family finances. In the event of a divorce, having a backup plan will leave them on a better financial footing. Pre-nuptial and post-nuptial agreements can be important tool in planning ahead.

Here are 5 practical steps to take for those facing or considering a “grey divorce” to ensure financial stability and well-being:

1. Assess financial situation:

• Inventory Assets and Liabilities

• Budget for Two Households

2. Legal and financial advice:

• Consult a Financial Planner

• Hire a Divorce Consultant and / or solicitor

• Evaluate Retirement Plans

• Consider Employment

3. Health insurance and care planning:

• Health Insurance Coverage

• Long-Term Care Planning

4. Legal documents and estate planning:

• Update Legal Documents

• Estate Planning

5. Emotional and social support:

• Seek Counselling

• Build a Support Network

• Take Charge of Finances

• Emergency Fund

We are a team of 5 experienced lawyers who are acting as divorce consultants, helping people navigate the legal maze and stop them making expensive mistakes.

If you would like more information regarding any of the above or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Did you know we now have the lowest divorce numbers for 50 years?

The 2022 figures from the Office of National Statistics reveal there were 80,057 divorces in England and Wales down almost 30% from the 113,505 divorces in 2021. That is the lowest level of divorces since 1971.

We will have to wait for the 2023 figures to see if there is indeed a downward trend, but does this really mean that more marriages are succeeding? We suggest some of the reasons for the low figures: – The state of the economy has forced couples to stay together. More people are cohabiting, so there are less marriages and hence less divorces. The continued cultural shift towards more communication and therapy. Couples are now more likely to seek help and work through issues rather than immediately resorting to divorce. The new ‘no fault divorce’ law introduced in April 2022. We explain below why ‘no fault divorce’ may have skewed the 2022 figures.

The attraction of the new procedure is that it is no longer necessary to blame the other party for causing the divorce.

Accordingly, many of the people who were considering divorce in the back end of 2021, decided to wait until April 2022 when the law changed.

That was all very well but the new divorce procedure required a ‘cooling off’ period of some 20 weeks between the start of the divorce and the grant of the conditional order (previously known as the decree nisi), and then another 6 weeks before the final order (previously the decree absolute).

So, those applying for divorce in April 2022 may well have had to wait until 2023 before they were divorced thereby deflating the 2022 figures.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes.

We use our experience of the divorce process to find solutions, lower the temperature and stop people wasting their money.

If you know of someone who may benefit from speaking to us, please tell them to contact me. We do not charge for an initial consultation.