How often do we hear the phrase "It is too easy these days to
get divorced? The young just throw in the towel at the first sign
of trouble". However it has recently been reported that pensioners
are the only age group where the divorce rate is rising. According
to a recent article in the Daily Mail more than 11,500 over-60s
were granted a divorce in 2009 - up 4% in two years from 11,040 in
2007.
http://www.dailymail.co.uk/news/article-2063430/The-growth-silver-separations-Divorce-rate-60s-surges.html
Ros Altmann, Director General of the over fifties group Saga is
quoted as saying:- "This is more proof that life is really changing
for the over-sixties and for many it is the start of the next phase
of their lives…. We are really witnessing a major social
revolution, with older generations no longer behaving in the
traditional manner".
This increase undoubtedly has implications as to how the family
law solicitor interacts with his or her client and the advice
tendered
In particular when considering financial provision on divorce
different factors will have more importance in relation to the
older client. These include the following:-
a) What is the state of health of the spouses and their life
expectancy?
b) What was the standard of living of the parties during the
marriage?
c) Is the family home mortgage free?
d) Has either husband or wife inherited monies on the death of
their parents? If so, has the inheritance remained in its same form
(see Blog June "Canny Moss buys Marital Home
Alone").
e) What is their earning capacity and the extent of their
investment income?
f) Are their pensions already in payment?
Please contact our specialist Family Law Team for
advice and assistance.