The first working Monday in January is widely dubbed as ‘Divorce Day’. This is because family law solicitors apparently experience a rise in new enquiries about divorce. In January 2019, Relate, the UK’s largest provider of relationship support, saw a 12 percent increase in calls and a 53 percent increase in website visits. In January 2021, Google saw more than a 25 percent increase in divorce related searches compared to December 2020.
There is no denying that Christmas and New Year can be a stressful time for families, with cracks in relationships starting to appear. However, the reality is that there is no ‘rush’ after the festive break. The increase in couples wishing to divorce in January could be explained by a few factors. The first is that the period in the run up to Christmas can be a stressful one, with the added financial pressures of Christmas and family tensions. Relationships which are already strained can be pushed to the brink when couples are forced to spend more time together. Secondly, many couples who wish to separate prior to Christmas may wish to wait until after the festive period to avoid spoiling the holidays for their children and extended family combined with the fact that most law firms will have been closed. The combination of these factors has led to many describing today as ‘Divorce Day’.
However, this so called ‘Divorce Day’ could actually fall in April this year when there will be a much needed overhaul of the divorce process when no fault divorce is finally introduced in England. Currently couples are only granted a divorce if one of the five grounds can be established, which are: unreasonable behaviour, adultery, five years of separation without consent, two years separation with consent or desertion. Couples who wish to remain amicable and not blame one another for the breakdown of the marriage, may be waiting until April before they begin divorce proceedings. It has the potential to make the whole process less stressful for many couples.
Making the decision to speak to a family solicitor and obtain legal advice often comes at the end of much consideration and turmoil. It is a very big step and not something that should be dictated by the time of the year. ‘Divorce Day’ skates over the complex issues that can often be involved in the process.
