Following on from the festive season, the first working Monday of the New Year is often referred to as ‘Divorce Day’.
‘Divorce Day’ has gained a reputation as the day that family lawyers see a spike in divorce related enquiries.
This year, ‘Divorce Day’ falls on 6th January. Victoria Cannon, Partner and Head of our Family Law team, explores if there is any truth in ‘Divorce Day’, why there might be an increase in divorce enquires at the start of the year, and what couples might need to consider before enquiring about a divorce.
Is there any truth to Divorce Day?
According to the figures from Family Court Statistics Quarterly, in 2023 divorce applications in the first quarter of the year (January to March) were 16% higher than those between April to June.
Whilst this does not prove the existence of a single ‘Divorce Day’, it does suggest a noticeable increase in couples initiating divorce proceedings at the start of the year.
We often see a surge in enquiries at the start of the year, for many, the festive season can be a time of reflection or heightened emotions, which sometimes leads to decisions about the future of a relationship. While there is no single ‘Divorce Day,’ the post-holiday period often prompts individuals to seek advice and consider their options.
Why does January see more divorce enquiries?
The reasons behind this trend vary, however factors such as delayed decisions and New Year’s resolutions can result in couples deciding to initiate divorce proceedings at the start of the year.
Many couples delay separating until after the festive period, particularly when children are involved, in the hope of preserving a joyful festive period before embarking on what can often be a huge change for the whole family. The holiday season can also amplify existing pressures in a relationship, and festive tensions can lead to some couples reaching breaking point. Finally, the start of a new year often inspires people to make significant life changes – a New Year’s Resolution to address long standing issues in a relationship could lead to a decision to have a divorce.
Interestingly, family lawyers also notice an increase in divorce and children-related enquiries just before the holidays, suggesting that clients may seek guidance on the process but choose to wait until the New Year to proceed.
How does divorce work?
Divorce in England and Wales follows a structured process under the No-Fault Divorce system. Most divorces take between 6 to 9 months to complete, and a quick option does not exist.
The process includes:
- Application: Following an application being issued and acknowledged there is a mandatory 20-week waiting period.
- Conditional Order: After 20 weeks, you can apply for a Conditional Order.
- Final Order: A further 6-week waiting period follows before the Final Order can be issued, legally ending the marriage.
What happens to your finances?
Whilst the divorce application ends the relationship, it does not address financial matters. To resolve financial claims and responsibilities resulting from marriage, you will need separate legal assistance. A financial settlement ensures both parties have clarity and security moving forward. Seeking advice from a family lawyer early in the process is essential.
Available support to those dealing with a divorce
It is important to remember that divorce is not just a legal process, but also an emotional one, and having the right support can make a significant difference.
Whenever a client makes the difficult decision to start the divorce process, it is never an easy decision. It is important to arm yourself with as much information as possible and ensure you have the right support around you.
Below are just some of the ways that additional support can help you through the divorce process:
- Legal guidance: A family lawyer provides clarity, guides you through the process and ensures your rights are protected.
- Emotional support: having a trusted friend or family member can greatly help, offering comfort and perspective.
- Professional advice: Divorce and separation coaches can support you through the non-legal aspects of divorce, whilst financial advisors help manage pensions, savings and investments post-divorce.
A new beginning
Whether initiated in January, on ‘Divorce Day’, or at any other time of the year, a divorce marks the first step of a new chapter, we pride ourselves on providing clear, sensitive and straightforward solutions, and our family law team are there to support you to establish your aims in order to achieve the best outcome for you.
