January is a popular time for lawyers to see divorce enquiries spike – with the first working Monday of the new year often dubbed ‘Divorce Day’.
But there’s another annual spike that happens right after summer, often coinciding with the start of the university year.
According to family lawyers at Irwin Mitchell, enquiries for divorce rose during September and early October this year, following the same pattern seen last autumn.
Discussing this rise in empty nest divorces, Clare Wiseman, national head of family law at Irwin Mitchell, said: ”The pattern we are seeing in early autumn is becoming increasingly pronounced.”
Why is there a rise in September-October divorces?
When a child leaves home properly for the first time, usually when they head off to university, this can trigger feelings of grief and sadness – sometimes referred to as empty nest syndrome.
While lawyers say kids heading off to university is rarely the cause of a relationship ending, they highlight that it can act as a “catalyst” for parents who have put relationship concerns on the backburner while their children completed school and exams.
Once a child leaves for university, the change in day-to-day family life can give couples the space to confront difficulties and “act on issues that have been present for some time”, said Wiseman.
“Many have consciously delayed deciding while their children completed school and exams because they wanted to minimise disruption during those important years,” she explained.
“When children settle into university, the household changes quickly. Couples may have more time together and fewer immediate demands to distract from the relationship.
“That can bring long-standing differences into sharper focus and prompt honest conversations about whether they want the next chapter to look different.”
Age can also play a role. For people in their late forties, fifties or beyond, there may be a growing sense that they still have a substantial part of their lives ahead of them.
According to the BBC, roughly 36% of people getting divorced are aged 50 and older, compared to only 8.7% in 1990 – a phenomenon that is known as “grey divorce”.
“The university milestone can therefore become a natural moment to reassess what they want from the future,” said Wiseman.
How to have a ‘successful’ divorce after 50
There’s no denying separation at this stage can be pretty complex.
“Parents may be supporting children through university while also considering pensions, property and retirement plans, so the timing and structure of any settlement require careful thought,” said Wiseman.
Kathryn McTaggart, a family law solicitor and director at Wooley & Co, previously told HuffPost UK that a “successful” later-life divorce should focus on financial security, emotional wellbeing and long-term planning.
Key considerations include:
- Seeking specialist financial advice: This will ensure a fair division of assets, particularly pensions, which are often the most valuable asset in later-life divorces.
- Planning for housing stability: Consider whether staying in the family home is financially viable, or if downsizing is a better option to coincide with the end of a marriage.
- Updating legal documents: Review and update any existing wills, power of attorney, and beneficiaries for pensions and life insurance policies.
- Consider mediation and amicable resolution: Mediation can help reduce conflict and legal costs, which is particularly beneficial for older couples who may want to preserve family relationships.
- Think about long-term care needs: If one party has health concerns, care costs should be factored into the settlement discussions.
McTaggart added: “Staying practical with family arrangements, as well as cooperating on future financial provision for adult children can make the process easier for all parties involved.”
