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Separation and divorce after 50 in Cheshire

Separation and divorce after 50 in Cheshire follows the Office for National Statistics trend for it being the most likely age when divorce has to be faced according to Cheshire divorce solicitors Stonehewer Moss who set out some of the legal points that arise in this blog with guidance about handling the non legal side and how much it might cost. Separation and divorce after 50 in Cheshire may be wanted by you or not, the legal issues are the same,but your approach may be effected by your perception of who is at fault for the break up and whether your solicitor chooses to put you right about the relevance of your feelings towards your situation.

The legal issues faced at 50 or over are in summary :-

  1. You are likely to have property together that must be dealt with to allow you both to move on;
  2. You each may have assets like savings, pensions or shares;
  3. The items you own might need to be distributed.
  4. Occupying the house until issue 1 above is sorted;
  5. Paying the bills until resolved and assisting the financial weaker of you going forward by income payments.
  6. The inheritance rights of you both and possibly the children;
  7. The arrangements for children under 16.

Failure to address the issues can result in unnecessary  distress and expense; all solicitors trained in family dispute resolution are aware their clients experience  a grieving process but not all help a client realise the other party to the marriage will be the same, even though it may be that person wanting to divorce. The ability to see clearly when faced with divorce is hard to achieve but can be mediated by the careful choice of legal advisor. Everyone you will speak to will give you their opinion, but do remember your marriage was private to you and entering divorce can expose your private life to scrutiny in court. Before this stresses you out, don`t assume  that the court judges either of you based on conduct or morality. The Court is the final decision maker, taking your future  out of your control, and is not emotionally involved as it  applies legal principles without moral overtones. Friends or lawyers advising you the court will abhor your ex are usually mistaken. Paying a solicitor to prove your ex is not nice will eat up a large chunk of your assets.  The court  has a legal process to address each of the seven issues set out but there are 3 ways to deal with each of them without losing control to a judge:-

  1. Agree each with your ex and get the agreement checked with a qualified solicitor. Remember your own agreement is unlikely to bind;
  2. See a mediator together or try collaborative law if your ex agrees. They will seem sensible options if you decide to press the big red button instead and go to an arms race in court;
  3. If you prefer privacy, negotiate through solicitors at fixed fees or consider the certainty of choice of judge and fixed cost at arbitration.

The emotional aspect to divorce over 50 is largely a matter of adjusting to a change of course, not only for you but also your children and your ex. Many divorced  people are seeking a second marriage, with the ONS publishing statistics that over 50s are marrying at a greater rate than younger age groups. Time and sometimes professional counselling should be considered before taking a leap in the dark and, if you have assets and children, consider a pre nup with your solicitor before you commit to another marriage. Law also applies if you live with another without a marriage and your divorce settlement can have strings attached about future relationships and payments. Advice on your divorce terms is essential to ensuring a secure future.

The cost of divorce is dependant on your approach and that of your ex but you can ask about fixed fees and caps on costs with your solicitor. Usually divorce finances do not involve orders to pay the legal costs of your ex but being unrepresented while your ex has a solicitor could inadvertently lead to such an order if you misunderstand your legal duties to the court.Separation and divorce after 50 in Cheshire should not be a blood sport these days; choose a solicitor that reflects your values and who is prepared to guide you if you are not thinking objectively, acknowledging your distress but does not create a mess and allows you the time and space you need  to adjust  with some dignity.

For advice negotiation and representation if facing divorce over 50 please in Cheshire please call 01606 872200 e mail or visit


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