Divorce Day: Why January sees a surge in enquiries

Every year, the first Monday of January is referred to as ‘Divorce Day’. On this day, family lawyers see a surge in divorce and separation enquiries as couples seek a fresh start in the new year. 

However, although January can be a particularly busy month for family lawyers, there are other periods throughout the year where we see an increase in divorce enquiries, one of these being in September after the school summer holidays.

2024 Divorce Statistics

According to family court national statistics, a total of 27,908 new divorce applications were issued between January 2024 and March 2024. This is a decrease of 11% from the same quarter in 2023. 

The statistics also show that 25,254 final orders were granted from January to March 2024, with the majority of these being made under the new law, which came into force in April 2022. The new law allows couples to divorce without blaming the other for the breakdown of the marriage and is often referred to as ‘no fault divorce’.  

Why are new divorce enquiries higher in January?

Data from last year shows that there was approximately a 60% increase in new divorce applications being made in January compared to December. There are several reasons why divorce enquiries increase in the new year, which may include the following:

Christmas Period: December is typically the busiest time of the year, with social calendars often being packed with Christmas parties, work commitments, school shows, pantomimes, and gift buying. Although the divorce process is easy, other factors, such as the division of finances and child arrangements, require consideration. This can require a lot of back-and-forth between you and your spouse, which can be stressful, time-consuming, and too much to cope with on top of the strain of the festive period. 

Family and Children: Christmas is often considered a time for family. Many couples may wish to maintain the ‘status quo’ over this period and delay divorce proceedings until the new year for the sake of their children or have one last Christmas as a family before parting ways.

Finances: The divorce process can be costly, and couples may not have the funds to commence divorce proceedings throughout the Christmas period. 

New Year: At the start of a new year, many people will re-evaluate their goals and consider where they want to be by the end of the year. It may be that a couple’s relationship had broken down in the months prior or that the couple has been experiencing new difficulties. Nonetheless, the new year can be seen as a time for new beginnings, which may lead to increased divorce petitions.

Is a divorce right for you?

Divorce is not a decision that should be taken lightly, and you should not rush into making an application or contacting a family solicitor if you are not ready for this step. If you are considering applying for a divorce, you should do so at your own pace and not jump into making an application at the beginning of January just because it is Divorce Day.

From a legal perspective, to make a divorce application, all that is required is for you to confirm that your marriage has irretrievably broken down. Since the introduction of no fault divorce in 2022, you will not need to provide any reason why the marriage has broken down, which can assist in reducing tension between you and your partner.

If you choose to take the first step towards a divorce on Divorce Day or any other day of the year, it is recommended that you seek independent legal advice from a specialist family lawyer before the divorce application is made. Aspects such as financial and children matters arising from your separation are not automatically concluded as part of the divorce. Even if you and your spouse can agree on the arrangements amicably, you will need a solicitor to prepare the necessary documentation for you both to sign to make the agreement legally binding and enforceable.

How can Birkett Long help?

If you are contemplating a divorce this year or know someone who is, I would be happy to offer expert legal advice and guidance. I offer a free 15-minute telephone call to discuss matters and explain how I can help.