Divorce Day 2024: Statistics and insights

As family lawyers return to work in January after the Christmas break, it is not uncommon for us to be questioned about ‘Divorce Day’ and to comment on the number of divorce enquiries received on the first working day of the new year.

What is Divorce Day, and when is it?

Divorce Day usually falls on the first Monday in January, when family lawyers are said to receive a spike in new enquiries from those seeking to obtain a divorce or separate from their spouse. It is a phrase commonly used by the media, who claim it was instigated by lawyers, whereas many family lawyers will say it is media-led.

The headlines surrounding Divorce Day suggest that family lawyers receive a surge of new enquiries from couples seeking to obtain a divorce in the new year. In my experience as a family lawyer, whilst January is always a busy month, there are other periods during the year when we see an increase in divorce enquiries. For example, in September, after the summer holidays have ended and children return to school for the start of a new academic year.

2023 Divorce Statistics

In April 2022, the law changed to allow couples to divorce without apportioning blame or relying on a period of separation. No fault divorce was introduced with the aim of reducing the potential for conflict amongst divorcing couples by removing the ability to make allegations about the conduct of their spouse and by allowing couples to end their marriage jointly.

According to recent family court national statistics issued in September 2023, there were 24,624 divorce applications under the new no fault divorce law between April and June 2023. 75% of these applications were from sole applicants, and 25% were from joint applicants. The number of applications was 30% down from the same period in 2022 when the new divorce law was first introduced and when divorce cases rose.

The statistics also show that 27,375 final divorce orders were granted from April to June 2023 (previously known as decree absolutes under the old law), which led to a 39% increase in the number of decree absolutes/final divorce orders granted in the same quarter in 2022.

Why do divorce enquiries rise after Christmas?

There are several reasons why couples may decide to take the first step towards divorce after Christmas and why family lawyers may see a rise in divorce enquiries in January.

The reasons may include the following:

1. The pressures of the festive period – for many families, Christmas is a very busy time of year with additional pressures of gift buying, work commitments, social gatherings, school shows and events for children, and spending extended periods of time with family and relatives. There can be pressure to create the perfect Christmas, fuelled by social media and advertising. For families who are already experiencing difficulties in their relationships, the additional pressures of Christmas can cause couples to reach breaking point when it all becomes too difficult to cope with.

2. Staying together for Christmas - couples may postpone starting their divorce until after Christmas to see if they can try to save their marriage work through their difficulties over the festive period or stay together for one last Christmas for the sake of the children.

3. New Year resolutions – the decision to divorce is not easy and, for many, will be a decision that has taken many months or years to reach. It may be the case that some of the new divorce enquiries received in January are from people who concluded long before the end of the preceding year that their marriage had unfortunately broken down, but they have chosen to wait until January to start the process, perhaps as part of their plans for the new year. With the coming of the new year, people often evaluate their future, including their relationships.

4. Financial strains – along with the additional financial strain put on families over Christmas, the current economic crisis and long-lasting effects of the pandemic will have an impact on couples facing matrimonial difficulties, including their decision to divorce. As couples look to the year ahead, including the end of the financial year in April, it may be that January falls as the month they decide to start the divorce process and get their financial affairs in order.

When will you know you are ready to start a divorce?

Divorce Day does not necessarily mean that all those who are contemplating a divorce should immediately contact a family lawyer during the first week of January to start the process. This is because there are several matters which will need to be taken into consideration and there is no specific list of indicators to guide you on when you will know you are ready to start a divorce.

There are many reasons why couples experience difficulties in their marriage and why one or both may decide they are ready to start a divorce.

Ultimately, from a legal perspective, to apply for a divorce, you must say that your marriage has irretrievably broken down. However, following the introduction of no fault divorce, you will not be required to provide evidence or a reason why your marriage has irretrievably broken down.

Whether you decide 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. This is because although the no fault divorce may be a relatively straightforward process, there will be lots to consider in respect to the related financial and children matters arising from the separation and the claims you and your spouse can make in respect of these issues.

These matters are not automatically concluded as part of the divorce, and 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, please get in touch, as I would be happy to offer expert legal advice and guidance. As a member of Resolution and a specialist-trained collaborative lawyer, I understand the importance of finding the outcome that best suits you and your circumstances. I offer a free 15-minute telephone call to discuss matters and explain how I can help.

If you would like more information, please get in touch. I can be contacted on 01206 217378 or via email at shelley.cumbers@birkettlong.co.uk