Divorce Day — Navigating a new beginning in the New Year

Following the festive period — and in the optimism of a new year ahead — many couples find themselves taking a hard and truthful look at their relationship. Many couples come to the conclusion that, despite their best efforts, it’s time to part ways and seek a fresh start.

Here, Amanda Long in our family law team outlines what separating couples can expect from issuing divorce proceedings. 

‘Divorce Day’ — why do people start the divorce process in January?

It’s not uncommon for family lawyers to see an increase in new divorce enquiries after the festive period in December. ‘Divorce Day’ (as it is known) typically refers to the first working Monday of the year, when it’s said that a significant number of people contact a divorce lawyer, however, this is somewhat of a myth. It’s true that enquiries often increase after holiday periods when people may have a “back to school” mentality and turn their attention to matters that they may have ignored or put off during the long Christmas or summer holidays. 

The festive period, while joyous for many, can also be a time of heightened stress and reflection for others, particularly with family gatherings and financial pressures. The weight of expectations can bring underlying issues to the surface. The arrival of the New Year often brings a sense of renewal and hope, marking a fresh start in many areas of a person’s life. For some, this can include addressing relationship issues. Knowing when and how to move on from the unfortunate breakdown of a marriage can be difficult and this time can be emotionally challenging and filled with mixed emotions. A family lawyer can help you understand what child arrangements or financial matters may look like after a separation so that you can make an informed decision as to your next steps. 

Reasons for divorce — non-fault divorce

Positively, the advent of non-fault divorce in April 2022 has made it possible for couples to separate with minimal conflict and animosity, focusing instead on mutual respect, understanding and the best interests of any children involved. It’s now widely known that a person can apply for a divorce on a non-fault basis, meaning that regardless of the reasons for the breakdown of the marriage, a couple can divorce without any blame being attributed to either person. 

The process of applying for divorce — what you need to get started

To be ready to commence divorce/dissolution proceedings, you will need your marriage or civil partnership certificate. 

Most separating couples will need assistance with the financial aspects of their separation, so it’s also a good idea to start collating financial documentation relating to income, capital, property and pension positions — such as 12 months’ bank statements, an up-to-date mortgage statement, P60 and your last three payslips. 

You’re bound to have several questions about financial matters and future care arrangements for your child(ren). To make the most of your initial appointment with your family lawyer, you may wish to prepare a list of questions in advance to ensure that you cover everything you need to know immediately. 

What to expect from the divorce process

While divorce proceedings can be issued and concluded within just over six months, the application for the final divorce order is often postponed until an agreement has been reached in relation to financial matters. This may include a property adjustment order, lump sum order, periodical payments order (also known as maintenance) or pension sharing order. This can — and often does — take longer depending on how reasonable and cooperative the couple are and the complexity of any issues — but could be between six to 18 months. Regardless of the complexity of your financial circumstances it’s strongly recommended to have a legally binding financial order in place. 

Every effort will be made to resolve the financial and/or children matters as simply, swiftly and as amicably as possible without the need for separate court proceedings. Your family lawyer will discuss the importance of non-court dispute resolution with you as a means of facilitating discussions and negotiating an agreement so that court proceedings can be avoided. This could prevent significant legal costs and also ensure — as far as possible — that the separated couple retain control of the situation, rather than risk a potentially unfavourable outcome being imposed on you by the court. 

Whether financial matters are mutually agreed or determined by the court, the terms of the agreement should be incorporated into a legally binding document known as a financial consent order. 

Next steps

While ‘Divorce Day’ may sound gloomy, for many the new year is also a time for new beginnings and it can be the first step towards a happier, healthier future. If you find yourself contemplating a big change this January, our expert legal advisers can explain the available options to you and help you to take those initial steps, so that you can make an informed decision about how you move forward.

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.