Generation (E)x – Divorce After 50

Understanding the rise of divorce among older couples in the UK

In recent years, the UK has witnessed a surprising trend: while overall divorce rates are declining, an increasing number of couples over 50 are opting to split up. Often referred to as “grey divorce” or “silver splitting,” this shift highlights changing attitudes among older generations regarding marriage and personal fulfilment.

Understanding the Trend

According to the Office for National Statistics (ONS), divorces among those aged 65 and over have been on the rise. Between 2005 and 2015, the number of men divorcing at 65+ increased by 23%, and for women, it jumped by 38%.  This uptick contrasts with the overall decline in divorces among younger couples during the same period.

Read our Step-by-Step Divorce Guide >

Why Are Older Couples Divorcing?

Several factors contribute to this growing trend:

1. Longer life expectancy.  With people living well into their 80s, retirement no longer marks the final chapter. Many reassess their happiness and personal goals in later years and if a marriage isn’t fulfilling, they may choose to seek happiness elsewhere.
2. Greater financial independence. Especially among women, greater financial autonomy makes it easier to make life changing decisions based on happiness rather than necessity.
3. Changing social attitudes. Divorce has become more socially acceptable, reducing the stigma that once kept unhappy couples together.
4. Empty nest syndrome. When children leave home, couples might find they have little in common, leading them to reevaluate their relationship.
5. Desire for personal growth. Retirement, hobbies, and second careers – later life can bring a renewed focus on personal development and aspirations.

Understanding the Grey Divorce Process

The legal process for divorce later in life follows the same formal steps as any divorce in England and Wales; however, the emotional and financial stakes are often higher due to longer marriages, complex assets, and intricate family dynamics. Here’s a general overview of what the process involves:

1. Filing for Divorce

Under current UK law, either party can apply for a divorce without assigning blame to the other. This “no-fault” approach simplifies the process and often reduces conflict — a welcome change for many older couples.

2. Acknowledgement and Cooling-Off Period

Once the application is filed, the other party formally acknowledges receipt of it. A mandatory 20-week reflection period follows before the application can move to the conditional order stage. This allows time to consider reconciliation or prepare for the next steps.

3. Financial Disclosure and Negotiations

Later-life divorces often involve pensions, property portfolios, inheritances, or business assets. Both parties must provide complete and honest disclosure of their finances, and negotiations typically follow, either through mediation or with the assistance of legal representation.

4. Finalising Finances

A formal financial remedy order is needed to legally divide assets. In grey divorce cases, pensions can be a significant issue, from equalisation of income to pension sharing orders. Expert legal and financial advice is crucial to secure a fair outcome.

5. Final Order

Once all matters are resolved, a final divorce order is issued, officially ending the marriage. At this point, legal and financial ties are severed unless spousal maintenance is agreed upon.

How family lawyers support later-life divorce

Going through a divorce later in life presents a unique set of challenges, but experienced family lawyers can provide invaluable support, guidance and advocacy.

Here’s how we can help

• Advice on complex issues – England and Wales is a common law legal system, meaning that much of our “law” comes from rulings made by senior judges. These judgements can be extremely complex but can also change significantly over time depending on when certain issues reach levels of appeal courts. Family lawyers can advise you on the most up to date law and how your specific circumstances may be interpreted by the courts. If your case involves assets acquired before marriage or after separation, inheritance, trusts, businesses, health concerns or significant disparities in assets or income between you and your partner, it is particularly important to seek specialist legal advice at the earliest opportunity.
• Clarifying the legal process – Legal language can feel quite overwhelming. We ensure it is understood and provide clarity every step of the way.
• Securing a fair settlement – With assets like pensions, properties, and savings at stake, we ensure fair division and protect your future.
• Mediation Services – Court is not the only option. Mediation and collaborative approaches can reduce stress, keep costs down and preserve relationships.
• Addressing Family Dynamics – We understand the ripple effects on adult children, grandchildren and the wider family – we can help you manage those dynamics with care
• Emotional Support Resources – While not therapists, family lawyers often connect clients with counselling services to help them cope with what can be a very emotional time.
• Next steps – We can help with updating legal documents like Wills and advise on future financial planning with confidence.

Moving forward

Divorcing after 50 is becoming more common, and while it comes with its own set of challenges, the right support can make the transition smoother.

Divorce after 50 is about choosing to live life on your own terms. With the right support, what might seem daunting can become empowering—a chance to step into your next chapter with confidence.

If you’re thinking about separating later in life, or just want to understand your options, our friendly and experienced family law team is here to help.