The rise in older people divorcing is due to pressures in relationships created by the pandemic and the 2022 no-fault-divorce legislation, says Northwest family lawyer, Claire Porter.
Claire Porter, a partner in the family team at SAS Daniels LLP – which has offices located in Chester, Congleton, Macclesfield and Stockport, believes the increase in people over this age is down to a number of reasons, including high-pressured environments created by the pandemic, as well as the new no-fault divorce law making the process of divorce easier.
She comments:
“With the average life expectancy in the UK now 81.65 years and many expected to live into their 100s, it is no surprise that older people are considering their life plans with many imagining a future alone or with a new partner who can meet their needs.
“Whilst the reason for divorce could be due to a couple simply growing apart, having unmet emotional or physical needs, and having different lifestyles or dreams for the future, the COVID-19 pandemic likely made many realise the reality of their relationships – with marital problems intensified by the ‘pressure cooker’ environment social distancing produced.
“In addition to this, the no-fault divorce legislation that was introduced earlier this year has made it a simpler process for couples to part ways.
“Under the new procedure, it is easy enough for one or both spouses to file a statement with the family court confirming that the marriage has irretrievably broken down.”
No-fault divorce laws allow for a divorce without either party attributing fault or requiring lengthy separation periods.
Under the previous divorce law, couples had to allege their partner was to blame for the breakdown of the marriage, which could be established in court via adultery, separation, desertion, or unreasonable behaviour.
Despite the increase in divorces for those in later life, Claire believes those going through it should view the process in a positive light.
“There is a stigma around divorce as a whole. Whilst divorces can come as a huge shock to an unsuspecting spouse or children, with the right advice and guidance, it can and should be empowering at whatever stage in life.
Claire shares some advice for those considering divorce in later life:
“Divorcing in later life means that it may be easier to negotiate a financial settlement amicably as capital assets, income and pension pots are likely to be of a higher value. Prepare a list of all your assets and any liabilities as this will give you an idea of how much money there is available to be shared.
“Of course, a good divorce lawyer is essential, so ensure you’ve found one that understands your needs and seeks the best outcome for you.
“As with any divorce, it is imperative that you get good legal, financial and emotional support during the transitional period so that life after divorce can be as fulfilling as you would like it to be.”
