I was recently contacted by a journalist from the Independent on Sunday who had read my previous articles concerning the rise of older people getting divorced. The trend known as ‘silver divorce‘ is affecting couples in their sixties who are maybe newly-retired and realising two to three decades ahead of them with the same partner might not be the retirement dream they’d hoped for.

The resulting article, published in yesterday’s paper, offers some interesting points and highlights how the resulting raid on dwindled assets – particularly pensions and the marital home – can lead to a significant impact on the final payout.

For the full article click here – I’ve highlighted the main points below: Continue reading »

Older couples, especially if they have been widowed or married to others, often don’t wish to live together. They prefer to marry.

I have found, however, that those who enter into such marriages are often oblivious to the financial consequences that can be incurred if the relationship breaks down at a later date. The risks are all the more acute when one party is much wealthier than the other.

Let’s put aside the dependency claim that the less wealthy party has against the other on that person’s death. Good legal advice should ensure that a carefully drafted will can avoid nasty claims between a dependent co-habitee – whether married or not – and the family of the deceased.

Instead, let’s consider what might happen in a worst case scenario, if the marriage breaks down. It’s a gloomy approach, I know, but it is worth bearing in mind that second marriages have a higher failure rate than first marriages. This may be because in some cases, a new spouse is unlikely to be warmly welcomed into the other’s family, giving rise to bitter arguments.

If the parties were simply cohabiting then, unlike on death, there is no entitlement to any form of provision. They go their separate ways, taking what belongs to each of them. A cohabitation agreement and trust declaration at the outset can sort out how asset and property division will occur in the event of a breakdown.

But what happens if they are married? The case of MD v D (2008) EWHC 1929 is a salutary reminder of the financial pitfalls of a short marriage between older couples. Continue reading »

Are people who claim to enjoy “no strings attached” liaisons deluding themselves?

Is Britain in the grip of an adultery epidemic? Reading Angela Levin’s three-part investigation in The Daily Telegraph, you would think so.  Perhaps she is right. The newspaper provides positive advice to prevent it happening, and advice and tips on how to survive an affair. So all’s well then!

And yet, I wonder?

One client who came to see me was in no doubt that his wife was having an affair. The couple, both in their early 50s, led busy lives and their three children had all left home. The wife had a full-time job and over the previous six months, had become increasingly remote. Her behavior had deteriorated, and she had become argumentative, irrational and rude. He dreaded her presence, as she kept picking arguments and finding fault with him. My client told me he was utterly lost, and lonely in his marriage.

When he confronted his wife with his suspicions, she more or less confirmed them. In that he was fortunate – most people, when confronted about an illicit affair, will deny it.

So what remained of their marriage? I am afraid that for couples in this situation, the answer is “very little”.

Continue reading »