This article from Georgina Chase, Senior Consultant Family Law Solicitor at Setfords, discusses the concept of ‘Divorce Day.’ What is it, is it a myth, and what do you need to know if you’re considering divorce this January?
What is Divorce Day?
The first working Monday of the New Year has been named Divorce Day by the media. It is a day when it is widely reported that divorce enquiries peak, as it is potentially the first opportunity following the Christmas break for anyone considering divorce to seek specialist legal advice.
Is Divorce Day a Myth?
Whilst the number of divorce enquiries do increase in January, with the New Year offering the chance of a fresh start for those struggling in an unhappy marriage compounded by the pressures of Christmas, the reality is that there is no such spike on “Divorce Day”. Deciding to divorce is often the result of much deliberation and heartache; not a decision made and acted upon immediately as a New Year dawns.
There are many contributing factors throughout the year that can trigger a decision to separate, and an increase in divorce enquiries is also seen in September, when children return to school after their summer holidays.
Divorce FAQs
Experiencing a marriage breakdown following the festive period can feel overwhelming. Georgina answers some common questions she is asked about starting the divorce process and what you need to know to move forward with confidence.
What is a No-Fault Divorce, and how long does it take?
No fault divorce was introduced on 6 April 2022. From this date, married couples are able to get divorced (or a dissolution for those in a civil partnership) without having to assign blame. There is only one ground for divorce: the irretrievable breakdown of the marriage, and the need to give a reason for this has been removed. The divorce application can be made by one spouse, (a sole applicant), with the other spouse as the respondent, or by the spouses together (a joint application).
No fault divorce reduces the conflict for spouses at the start of the process, allowing them to focus on navigating child arrangements and the division of the matrimonial finances.
Divorce proceedings take 6 months to conclude, however it is standard to delay applying for the Final Order to dissolve the marriage, until a legally binding Financial Order has been made.
How do you resolve the Matrimonial Finances upon Divorce?
Divorce legally ends the marriage only. It is essential that a legally binding Financial Order is made by the Court upon divorce to make a financial settlement legally binding, and to achieve a clean break and dismiss future claims, where appropriate.
A financial settlement can be reached direct, with the assistance of Solicitors, by negotiation, following the exchange of full and frank financial disclosure, or via the forum of mediation. Court should always be seen as a last resort.
What you can expect with Setfords
- More time, more attention: With no targets, Setfords lawyers can dedicate more time to you.
- Ultimate flexibility: Our lawyers can tailor their schedules to meet your needs.
- Nationwide coverage: with hundreds of consultant lawyers across the UK, we’ll connect you with the right expert.
- Dedicated specialist legal partner: work directly with your chosen lawyer from start to finish.
- Highly experienced: Setfords lawyers have an average of 20 years’ experience, so you can be assured you’re in safe hands.
- Capacity-based allocation: our lawyers never take on more work than they can handle, so you get the focus and attention you deserve.
What are Child Arrangement Considerations?
When a relationship breaks down, issues arise as to who a child should live with and spend time with.
The child’s welfare shall be the Court’s paramount consideration, and the focus will be on what arrangements are in the best interests of a child. There is no presumption that care should be split equally between the parents or that the time the child spends with each parent should be divided by way of a predetermined formula. Different arrangements will work for different families, and each case will turn on its facts.
It is vital to adopt a child-focused joined-up approach, prioritising a child’s best interests over disputes and shielding from conflict. Children cope better when their parents are not in conflict and placing their wellbeing at the centre of decision making can help children feel supported and secure during what can be a difficult and turbulent time for them.
When should I seek advice?
If you are contemplating separation, it is important that legal advice is obtained early from a specialist Family Law Solicitor, ideally before you make decisions about your future. This will allow you to understand your legal position and make an informed decision. A constructive approach will potentially lead to a less acrimonious divorce, which is especially important when children are involved.
To book a free 30 minute initial Family Law Consultation, please contact Georgina (a Knutsford, Cheshire local) direct:
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