For many, marriage in later life reflects a renewed sense of optimism, companionship and emotional fulfilment, perhaps underpinned by changing social norms and increased life expectancy.
According to 2026 figures published by the Centre for Social Justice, the marriage rate among pension aged men now stands at 5.6 per 1,000, compared with 4.1 per 1,000 among men in their early twenties.
Financial Settlements and Property
Divorce later in life, especially following a second marriage, often makes achieving a financial clean break far less likely. Financial settlements become typically more complex, with assets having grown over a longer period, and often limited opportunities to rebuild wealth following separation.
Caution is advised for those with a strong desire to retain the family home, together with careful examination of the wider financial landscape. While such property can hold significant capital value and provide a sense of security, ultimately, it often remains a non-liquid asset. In practice, the costs associated with maintaining a property have the potential to turn a once happy home into a significant financial burden. Proper consideration should therefore be given to pensions during financial settlement negotiations, as these assets can provide a more reliable and sustainable source of income for divorcing parties over the longer term.
Pension Sharing Orders
It is well recognised that women are more likely to face financial disadvantage where earlier career breaks, such as those taken to raise families, have resulted in smaller pensions. The Gender Pensions Gap Report published by the Trades Union Congress in August 2025, suggests that retired women in the UK receive, on average, £7,600 less per year than men, while those approaching retirement possess only half the pension wealth of their male counterparts.
Pension sharing orders, as part of financial divorce settlements, therefore play a key role in securing long-term financial stability and independence in retirement for those with modest pensions. It is important to remember that pensions are unique yet valuable assets, as they represent both a capital sum and a future income stream. Unsurprisingly, pension sharing orders are powerful mechanisms, enabling a portion of one spouse’s pension to be transferred into a separate pension in the other spouse’s sole name for their independent control.
Following the landmark decision in Standish v Standish [2025] UKSC 26, the significance of pension sharing orders and matrimonialisation was demonstrated in the recent case of BS v HC [2026] EWFC 20 (B). Following a 15-year marriage, the Court awarded the wife a jointly owned property, a lump sum of £724,654 and a 27.5% pension sharing order against the husband’s pension worth circa. £3 million. Notably, the Court determined that 55% of the husband’s pension provision had accrued during the marriage and therefore formed part of the matrimonial assets available for division.
This case illustrates how pension sharing orders can either be highly advantageous or carry significant financial consequences for the party whose pension is shared. For this reason, individuals considering divorce who are approaching, or are at, retirement age are advised to seek legal advice at an early stage to gain clarity on the long-term implications of a potential financial settlement.
Pre-Nuptial Agreements
With the increasing use of pre-nuptial agreements, courts are more likely to consider whether appropriate steps were taken to protect assets brought into a second marriage. While such agreements are not automatically upheld in the UK, the decision in Radmacher v Granatino [2010] UKSC 42 established that pre-nuptial agreements are likely to be upheld if both parties freely entered into the agreement and the terms are reasonable, fair and provide adequate financial provision for both parties’ needs.
Pre-nuptial agreements should therefore be a key consideration for those entering a second marriage, particularly where one, or both parties have children from a previous relationship. Tensions in this area are not uncommon, given the often difficult balance between supporting a parent’s happiness and preserving family wealth or inheritance. A carefully drafted pre-nuptial agreement can, however, help manage these competing interests and provide clarity from the outset.
The enforceability of pre-nuptial agreements was demonstrated in Crossley v Crossley [2007] EWCA Civ 1941. In this case, the Court of Appeal upheld the relevance of a pre-nuptial agreement between an older, childless couple. The agreement provided that neither party would make a claim against the other in the event of divorce. Despite Mr Crossley’s substantial wealth (reportedly circa. £45 million), the Court allowed him to rely on the pre-nuptial agreement, which significantly limited financial claims between the parties.
Entering a second marriage without first considering a carefully drafted pre-nuptial agreement (which is updated periodically throughout the marriage), may therefore expose wealthier individuals to significant risk in the event of divorce.
Looking Ahead
As second marriages later in life become increasingly common, it is important for couples to approach them with clarity and foresight. Early discussions regarding assets, pensions and future income needs, together with consideration of pre-nuptial agreements, can help provide greater certainty and reduce the risk of complex and costly disputes in the event of divorce.
In particular, understanding the potential impact of pension sharing orders is essential, given the significant role pensions can play in securing long-term financial stability and independence in retirement.