More people than ever are finding love in their sixties and beyond, but few realise just how dramatically a new marriage can reshape their legal and financial world.
Across the UK, ‘grey proposals’ are on the rise, with the Office for National Statistics revealing that marriage among those aged 65 and over rose by nearly 50% in a decade. [1] While this is a heartening reminder that companionship and commitment have no age limit, it also highlights the growing importance of thoughtful legal planning to protect both partners and their future.
Couples marrying later in life often bring with them decades of life experience and significant personal assets, adding complexity to financial and estate planning, particularly in the event of divorce or death. Despite this, 99% of couples over 55 do not have a prenuptial agreement[2], despite the divorce rate among the over-50s having doubled since the 1990s.[3] Without proactive planning, marriage can unintentionally alter inheritance rights and cause extensive family disputes, particulary where couples have children and grandchildren from previous relationships.
A common misconception is that divorce automatically results in a 50/50 split of assets. In reality, the courts base division on individual needs, which can significantly affect access to pensions, property, and long‑held personal wealth, brought into the marriage. For those entering a new relationship later in life, taking steps to ensure both partners are protected is not simply advisable – it is vital.
Yet many couples still view prenuptial agreements as awkward or unromantic. In truth, they can be a positive and supportive part of a relationship. A prenup offers certainty, clarity, transparency, and peace of mind, helping both partners understand how their assets will be treated while reducing the risk of future disputes.
However, prenups are only one part of the picture. Estate planning is equally crucial. In England and Wales, marriage can revoke an existing will, potentially disrupting long‑established wishes – whether that involves providing for a new spouse, safeguarding children from a previous relationship, or managing complex assets. Ensuring that wills are updated to reflect current circumstances creates security for everyone involved.
Blended families are also increasingly common in later-life relationships and understanding how children may be affected is essential. For a new spouse to acquire legal parental responsibility for a child under 18, a child arrangement order must be agreed between both biological parents. Without this, families may face lengthy litigation disputes.
Couples who choose to live together without marrying should also be aware that “common law marriage” has no legal standing. This is particularly important in situations where one partner is still in the process of divorcing, as a former spouse may remain legally entitled to inheritance in the event of death. Affirming a cohabitation agreement can provide the necessary legal protection for new couples and should be viewed as an important component of legal planning.
Finding love later in life is a gift and protecting that gift ensures it comes without complications. Taking proactive steps, seeking legal advice, and having honest conversations allow couples to celebrate a new chapter with confidence and clarity.
