Divorcing in the Autumn Years: Navigating Separation in Later Life
Why Divorce is Common in Later Life
Like the seasons, relationships grow and develop over the years. Entering the later stages of life may lead to many questions on marriage and relationships.
It’s now becoming a common fact of life that often people who have been married a long time are taking the decision to separate. There can be a number of reasons behind the decision to wish to divorce. Sometimes it can be that the children have flown the nest and it’s easier to deal with when there are no dependent children at home. Other reasons can include that there are no longer any common interests shared so it has become as the saying goes “a marriage of convenience”. Sometimes and what is very distressing is where a husband or wife has had an extra marital affair which has led to the breakdown of the relationship.
Divorce has a huge impact on anyone’s life that is thinking they must take this step and at Emsleys we take the time with clients to provide the necessary advice and support throughout their case. Often known as grey divorce, or divorce in later life, our Leeds based Family Lawyers are on-hand to support with the many questions arising from this situation.
Handling Finances and Property in Divorce
One of the main concerns that clients have is how they are going to be financially provided for after the marriage. Especially if divorce is over 50, what is going to happen to the family home, if a family business is going to be taken into account and does a client require a share of the other party’s pension benefits.
The law is clear that in any financial settlement after divorce the courts consider the starting point is equal division of the assets and a move away from this is based on factors such as a person’s financial needs, financial contributions and also contributions where one party has been the main carer of the children and the home maker. In older clients sometimes physical and mental health care needs have to be considered too.
Another issue will be whether a couple has made a Will during the marriage and often the Wills mirror each other to ensure they are financially provided for. However, when you have decided to divorce it is important that you have a holding Will prepared which sets out who you would wish to leave your assets to in place of your spouse.
Protecting Your Legal Rights and Family Bonds
On the practical front of separation and divorce in older clients there can be difficulties in making arrangements to see grandchildren. The law does protect grandparents’ legal rights to see their grandchildren and at Emsleys our team can help you.
It’s also very important to us at Emsleys that not only your legal rights are protected but we recognise the emotional trauma that runs alongside a divorce and our team aim to ensure our advices are given in as a sympathetic caring approach as is necessary giving you the time and consideration you need.
Contact our compassionate Family Law team today for a no-obligation, free initial conversation.
