ARTICLE
10 January 2025

Divorce Day – Fact Or Media Fiction (7 January 2025)

DL
Duncan Lewis & Co Solicitors

Contributor

Duncan Lewis Solicitors is an award-winning and Times 200 ranked law firm offering expert services in 25 fields, including family law, business immigration, high net divorce, personal injury, commercial litigation, property law, motoring, education and employment.
"Divorce Day" marks the busiest day for family lawyers, with many couples choosing to act after the holiday season. The introduction of no-fault divorce in England and Wales, effective from 2022, aims to reduce acrimony. Early legal advice helps manage assets, finances, and child arrangements. The divorce process now takes a minimum of six months, allowing time for resolution before finalizing the divorce.
United Kingdom Family and Matrimonial

With today being dubbed "Divorce Day" by the media, the first working Monday in the New Year is purportedly the busiest for new divorce enquiries for Family lawyers and a headline that seems inescapable each and every year.

In the same way that there is an increase in marketing for fitness and wellness, the 'New Year, New Me' - messages seek to get people thinking about their resolutions and reflecting on the year gone by. That, coupled with the fact that the Christmas period usually means more time at home together, there are sometimes heightened tensions between couples and an increase in financial pressure at this time of year, as well as more time spent with wider family. This may be what leads to a motivation, soon into the New Year, to take action or make a decision that has been considered for some time, long before today (causing the media hype surrounding 'Divorce Day'). In truth, it is more likely that a couple, or one of the parties, have decided to wait until the festive period is over before doing anything about it.

Just because the marriage has come to an end, it does not mean that there needs to be a 'bitter battle' in moving forward with a separation. It is important to try and focus on the needs of the family and to prioritise the children (if you have children of the marriage), and/or meeting your respective needs when separating. We strongly recommend keeping acrimony to a minimum. Getting advice from a Family Law specialist early on can prove incredibly useful – advice to assist in preserving assets, managing your expectations, knowing your legal rights and obligations and focusing on the arrangements that need to be made in respect of finances and the children post-separation.

To clarify, there is only one ground for divorce in England & Wales, and that is the 'irretrievable breakdown' of the marriage. The landmark reform introduced by the Divorce, Dissolution and Separation Act 2020, means that we now have a 'no-fault' divorce system in England & Wales, effective since 2022. This means that there is no longer a need for separating couples to apportion blame for the breakdown of the marriage. You can also now jointly apply for the divorce (or solely still too). This aids in decreasing or removing the acrimony in divorce.

The timing of the process also needs to be considered carefully. There is a minimum of 20 weeks between application for divorce and the second staged, conditional order. You are not divorced legally however until the final stage, the final order, dissolving the marriage, which is a further six weeks after the conditional order. So, from start to finish at absolute minimum, there is six months between application to the end of a divorce. In this time, you should aim to resolve the financial matters and arrangements for children if possible.

Again, obtaining advice early on from a family law specialist will be worthwhile. A trusted professional can play a big part in helping to sort out issues involving the breakdown of your marriage, care of your children, your home and your finances.

Our specialist divorce team are all members of Resolution. Resolution members are committed to a Code of Practice, promoting a constructive approach to family issues that considers the needs of the whole family and aiming to keep acrimony to a minimum.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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