News that Vernon Kay and Tess Daly are separating after more than two decades of marriage has highlighted a growing trend of couples divorcing later in life after growing apart.
While media attention often focuses on the personal reasons behind a separation, many long-term relationships end amicably because couples develop different interests, priorities or lifestyles over time. One person may want to embrace a more social and active phase of life, while the other might want a quiet pace. Some stories seem to suggest this might be the case for Vernon and Tess. In these situations, taking early legal advice can make a significant difference.
In longer marriages, there are often more complex financial considerations than in shorter ones. These can include issues such as division of pensions, ownership of the family home, savings and investments, business interests and financial planning for retirement.
In Scots Law the legal position is that the matrimonial property should be divided fairly and the starting point for a fair sharing is that the property is divided equally. Although what is “fair” will depend on the individual circumstances of each case. Obtaining legal advice at an early stage can help understand your rights, protect assets and avoid unnecessary disputes.
When a separation is amicable, non-court dispute resolution (NCDR) methods such as mediation or collaborative family law can also provide couples with a more constructive way to resolve matters. Rather than raising court proceedings, these approaches encourage open discussions around finances, property and future arrangements. It often helps separating couples reach practical arrangements with less conflict, cost and stress. For couples who have grown apart but want to preserve family relationships, a collaborative approach can be especially beneficial. Solutions reached using NCDR methods allow the couple to ensure their longer-term financial needs can be met with a greater degree of creativity in working out what the settlement looks like.
It is also important for separating couples to formalise any agreement they reach. A Minute of Agreement is a legally binding document signed by both parties. It can provide clarity and certainty around financial arrangements and help avoid disputes arising in the future.
The reportedly amicable approach taken by Vernon Kay and Tess Daly reflects how many couples now wish to navigate separation in later life.
At Thorntons, we have a dedicated and experienced Family Law team. For more information on separation or divorce please contact a member of the Family team on 03330 430150.
