23
May
Grey divorce – The unique challenges of later life separation
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Divorce at any age can be emotionally and financially demanding but separating later in life comes with its own unique motivations and challenges.
For those over 50, it is often the result of a more reflective stage of life. It’s when we begin to focus on redefining our identity and future once children become more independent, freeing up time to reassess other aspects of our lives.
While the legal process is the same whatever age you are, ‘grey divorce’ involves navigating the complexities that come from decades of a shared life together.
What are the causes of over 50s divorce?
Claire Chisnall, a divorce and separation specialist at Consilia Legal, said figures suggest that grey divorce is a growing trend. She added:
This is thought to be largely a reflection of a shift in individual expectations for later life, as well as society’s attitudes towards marriage, ageing and personal fulfilment. Older women today may also be more financially secure than in previous generations, with a private pension and a good career.
Claire Chisnall of Consilia Legal.
And as we lead longer, healthier lives, Claire said couples over 50 potentially have decades ahead together - and may question how much they still have in common:
No-fault divorce
Claire said growing apart is now one of the main reasons for divorce among the over 50s. This often means that the relationship between the two parties can be more amicable.
In these cases, a ‘no-fault divorce’ may be appropriate. Introduced in April 2022 as part of the Divorce, Dissolution and Separation Act 2020, it can make the process quicker, easier, less stressful and less costly.
The challenges of divorcing later in life
Many older couples have shared their lives for many years and are deeply intertwined financially and emotionally.
One of the most complex challenges of grey divorce is untangling decades of shared investments, savings, property ownership, pensions and inheritance.
Women in particular may have a lower earning capacity or have accrued a smaller pension pot, due to lengthy periods out of work to undertake the day-to-day care of the parties' children, which would have been a decision made by the parties at that time in their lives. Claire said:
Financial concerns during the divorce process are often the main focus for the over 50s. It’s important to seek professional advice so that everything is fairly distributed.
And, like all divorcing couples, those over 50 are encouraged to enter mediation to ensure an outcome that gives both parties the finances and stability they need for their future.
Divorce can also change relationships and disrupt cherished traditions with family and mutual friends. Older children can struggle to come to terms with their parents’ separation, even if they understand the reasons behind it. Claire added:
Compared to younger couples, the over 50s may feel a deeper sadness and loss, while also being more resilient to the situation through a mature and reflective approach.
Grey divorce support
If you’re considering later-life separation, Consilia Legal’s family law team are specialists in helping older couples navigate the divorce process through legal advice and mediation. They act with compassion and without judgement to enable couples to reach the best outcome.
Consilia's family team are very much in tune with what their clients need. They recognise that some may require a greater amount of emotional support especially when approaching divorce at a later stage in life. Consilia has a number of professionals that can support people in dealing with such a significant transition in their lives if needed. Claire added:
We recognise how difficult divorce is, whatever age you are. For the over 50s, separation can come with its own unique causes and challenges. We are here to help.
Contact Consilia Legal
Consilia Legal offers a free initial divorce consultation and fixed-fee services. The company is based at 12 Station Parade, Harrogate, by appointment only.
Please contact Claire Chisnall on 01423 222 220 or email c.chisnall@consilialegal.co.uk for more information.
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