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Don’t turn a
Divorce Drama into a Saga……
Divorce for the over-50s
by Judith Ball,
Family Law Specialist
If current divorce rates continue
around 45 per cent of marriages will end in divorce with the
over-50s increasingly forming a large number of those deciding
to separate. Last year in England and Wales just over 54,000
over-50s divorced.
In a phenomenon known as ‘Saga
divorce’ it is thought that key life changes trigger a
re-assessment of future expectations and plans and these can
often be the wish to go it alone.
We are increasingly being consulted
by older people seeking an independent life. Children have grown
up but sometimes a couple has grown apart. Staying together for
the sake of the children is now no longer the priority.
There are a number of important
legal issues that can arise in divorce for those in this age
range and expert legal advice is crucial. The length of the
marriage and the ages of the parties are highly relevant in the
approach to the division of the matrimonial assets.
Judges currently consider a 20 year
marriage ‘a long marriage’ during which the couple may have paid
off their mortgage and be looking forward to retirement on a
pension fund built up during their time together. All the assets
of the marriage fall for consideration and orders can be made
for cash payments, transfers or sale of property or other
assets, maintenance and pension sharing orders.
In a long marriage a pension fund
is often an important and valuable asset that can be shared on
divorce. Pension sharing will not be appropriate in all cases
and, where it is an option, the fund will not always be divided
equally. This is a complex area and specialist advice will
almost always be necessary.
There are a number of ways that a
divorcing couple might try to resolve the financial issues
between them and there are several alternatives to court
hearings. The collaborative law process is increasingly used
enabling a couple to divorce in a civilised way whilst each
being assisted by their solicitor. Mediation can sometimes help
couples reach agreement on key issues.
It is important to recognise that
there may be cultural issues to consider in longer more
traditional marriages. Frequently the wife may have been
involved in raising the family with the husband having run and
managed the family finances – in these cases women can feel
disadvantaged and need the careful guiding hand of a specialist
family solicitor.
Recognising that it is steep
learning curve for both parties and that adjustment will present
challenges is necessary if a senior couple are to divorce with
dignity” says Judith. In a long marriage the couple may have
been together all their adult lives and the loss of a partner
through divorce is like bereavement. Social lives and
friendships cemented over many years will need to be thought
about and the couple’s grown-up children will need careful
consideration.
Dealing with grown-up children is
as important a consideration as younger children” says Judith.
As Resolution lawyers we are committed to solutions that take
into account the needs of the family as a whole. An outcome that
enables both parties to have a good on-going relationship with
their grown-up children (and possibly grand-children) is
essential for the sake and happiness of the whole family.
Judith Ball is a Family Law
specialist and a partner at Barlow Robbins LLP.
www.barlowrobbins.com
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