While the Christmas break is, for many, a time to enjoy the festivities and family gatherings, it can also be a time when cracks in relationships begin to show. Underlying issues that might typically be overlooked can come to the forefront, leading some couples to consider separation or divorce. As a result, solicitors often see an influx of enquiries in the New Year as people seek advice on their options.
Divorce lawyers tend to be quite busy in January, with the first working Monday of the year colloquially dubbed “Divorce Day.” However, if you look at statistics from the Family Court, between January and March 2024, there were 27,908 divorce applications, an 11% decrease compared to the same period in 2023. This reduction could suggest that “Divorce Monday” is more of a myth than a fact.
How does the divorce process work?
Deciding to end a marriage is often one of the hardest decisions a person can make. It can take months or even years for individuals to reach the conclusion that their marriage has irretrievably broken down and that reconciliation is not possible. Understanding how the divorce process works is crucial, as it can seem overwhelming, especially during a vulnerable time.
While there is no standard legal cost for divorce, one clear expense is the court application fee, which, at the time of writing, is £593. Below is a breakdown of the divorce process:
Filing the application
If you apply for a divorce as the sole applicant, your application will be reviewed by HM Courts and Tribunals Service (HMCTS), and a case number will be assigned.
A copy of your application will be sent to your spouse, who must submit an acknowledgment of service within 14 days. This acknowledgment states whether they agree to or intend to dispute the divorce. A divorce cannot be disputed simply because one party does not want it; there must be a valid legal reason.
Waiting period
In most cases, spouses agree to the divorce, after which a 20-week waiting period begins before you can apply for a Conditional Order. This document indicates that the Court sees no reason why the divorce cannot proceed. The waiting period is designed to give couples an opportunity to reconcile if they wish.
Finalising the divorce
After receiving the Conditional Order, you must wait at least 43 days (six weeks and one day) before applying for a Final Order, which legally ends the marriage. This waiting period allows time for both parties to reach an agreement on financial matters and achieve financial independence.
For example, if there is a matrimonial home, discussions will need to take place to determine how it will be handled to ensure both parties can meet their housing needs post-separation.
Why do divorce enquiries tend to increase after Christmas?
Christmas is typically a time filled with high expectations and pressure, from finishing the Christmas shopping in time for Santa’s arrival to preparing a feast for Christmas Day. The stress and occasional frustrations associated with these tasks can exacerbate existing tensions in relationships, potentially leading to breaking points. Additionally, some couples may choose to delay their separation until after the holidays to maintain a sense of normalcy for their families and children, resulting in a surge of enquiries in January.
While “Divorce Monday” may be seen as a media catchphrase, it is true that January tends to be a busy time for divorce enquiries. However, this surge is not solely due to the time of year but can also result from a backlog of enquiries as many solicitors’ firms close during the holiday period.
If you find yourself in need of a divorce solicitor or require advice on any area of family law, please contact Niamh Wilson on ngw@swinburnemaddison.co.uk or a member of our family team at Swinburne Maddison on 0191 384 2441.
