Category: Adultery and Divorce

Divorce Rates on the Rise for Silver Splitters

Despite latest statistics showing an overall fall in divorce rates to levels not seen since the 70s, divorce rates have actually gone up among those who would have been little more than teenagers back then.   

Middle aged divorcees have been labelled silver splitters in the newspapers who have pointed at the latest statistics as evidence that people are more likely to seek a new life without their partners when kids have left home and some couples are forced to look more closely at their relationship. Unfortunately, the statistics show the verdict is often that there is nothing left to keep a marriage together.  

The official verdict from the ONS for the rise in divorce rates in the 50s and 60s age group is that people can look forward to living longer and getting married again in later life if they feel a marriage has run its course.  

While a new life can seem like an appealing prospect, divorcing in middle age can be more difficult than it is for young people. Finances are often interlinked with joint accounts, pensions, houses and other assets often shared between married couples. Then there is the question of wills.  

Divorces must be carefully planned, therefore, to avoid at least some of the disputes that may arise as the process gets underway.

Divorce – Can You Take the Money and Run?

Being married often means sharing everything you have with your spouse but when a relationship breaks down thoughts can turn to making a grab for assets and cash. If you have  a joint account then it can be tempting to access it and withdraw half or even all of the money in an account before you are forced to share half in a settlement. This can pose a problem, however, if it is seen by the court as over stepping the mark.  

On advantage of making withdrawing your half of what’s in the account before a divorce takes place is you then have the money in your possession whatever happens. This avoids any risk of not being able to get your hands on money if the account is frozen by your partner.  

Of course doing this will send a clear signal to your ex partner that you don’t trust them and it will almost certainly result in them not trusting you either.  

It is far better to come to some kind of agreement on joint finances to avoid bitter disputes further down the line. For example one partner may feel that they contributed more than half to the account and will feel aggrieved if half of the money is then taken without their consent.  

In extreme cases during a hostile divorce, accounts can be frozen preventing anyone from accessing the account or one partner may withdraw all of the money and spend it. In the latter case, it is almost inevitable that half of the money will have to be returned.

The Biggest Myths About Adultery and Divorce

A divorce can only be obtained if one of five specific reasons are proven. One of the reasons is adultery yet how adultery is actually defined in law can lead to a great deal of confusion, myth and misinformation which can only add to the frustration and emotional turmoil.  

According to studies married men are statistically far more likely to stray than women with the former having a 50% of chance of engaging in an extra marital compared to 26% of women.    

Yet what might represent a bond broken and an irretrievable breakdown of trust for the person on the receiving end of their partner’s pursuit of relations outside of marriage may not be seen as one of the same in law.  

Contrary to popular belief, adultery doesn’t include all forms of sexual activity. In fact it only refers to full sexual intercourse between a man and a woman where one or both of those involved are married to other people. If the extra marital affair involves a same sex relationship then it doesn’t count.  

There are also cases where lesser forms of sexual gratification are deemed insufficient to be counted as adultery. Another misconception is that sexual intercourse with another person outside of marriage doesn’t count as adultery following separation when technically it does.  

If you require further advice on divorce law, please get in touch.