Divorces Enquiries Expected To Increase In January 2023

We’ve reached that time of the year again of “out with the old and in with the new”.  Well-intended resolutions have been made in relation to exercise, diet, alcohol, and caffeine consumption.

The media often report on the alleged January rush to the divorce Courts and often refer to the first working day of the year or the first working Monday of the year as being Divorce Day. This is the day when family lawyers report a surge in divorce enquiries because of people spending time with their partners over the Christmas and New Year period.

This year, however, the increase might be even greater due to the no fault divorce laws that were introduced last year which has made it easier for couples to split up. Further, the added stress caused by the cost-of-living crisis, in combination with the usual pressures of Christmas, could lead to even more couples deciding to separate.

What are the no fault divorce laws?

The introduction of the no fault divorce laws means that instead of having to attribute blame to one party, a couple can mutually cite ‘irretrievable breakdown’ as the sole ground for wanting to obtain a divorce.

This can be done in a joint statement or by an individual. Either spouse can provide a statement saying it has broken down without having to provide evidence about bad behaviour.

Once an application is made, the applicant must wait until 20 weeks have elapsed from when the respondent is served with the application, to apply for a conditional order. This period allows both parties to reflect on their decision to divorce. The applicant can then apply for a final order dissolving the marriage or civil partnership after six weeks have elapsed from the date of the conditional order although it may be appropriate to delay the application for a final order until financial matters relating to the divorce or dissolution have been resolved.

According to statistics, there were 33,566 divorces from April to June 2022. This is a fifth more than the same period in 2021.

Why is January divorce month?

There is a multitude of reasons why people wait until January. It is often the case that one person may be struggling with the marriage before the holiday season. If they have children, the holidays are supposed to be a magical time, so they commit to giving the kids one last happy holiday as a family. By January, if it’s still not working, they know it’s time to move on.

The holidays are also a time when emotions run high and if you are unhappy or angry in your marriage, the holidays may push those feelings to the breaking point.

According to a survey recently published by Relate, more than one in three of the 2,033 adults surveyed expect the cost-of-living crisis to have an impact on their relationship over the course of the next year. It also reported that of the 1,295 adults in relationships, 19% of them had considered filing for divorce in 2023, with around a quarter of men and 14% of women thinking about breaking up with their partners.

A different Relate study also found that those in relationships were eight times more likely to break up after the economic crash in 2008, which due to the current cost of living crisis doesn’t bode well.

However, it’s not all doom and gloom.

A new start

The end of a marriage also means the start of a new life chapter. If you have struggled during the previous year then to come to terms with your separation, or are starting a year newly separated, you may be wondering what the New Year has in store for you.

Is it possible to even think that when one door closes, another may open?

Communicate and resolve separation disputes

For divorcing and divorced couples, one of the best New Year resolutions you can make is to resolve conflict with your ex-spouse or partner. Dealing with a difficult ex-partner can be very discouraging and frustrating. Attempts to foster a working relationship for the sake of the children may prove a thankless task.

The rewards for you and your children can be significant. What parents do during and after a separation or divorce (e.g., how they parent, how they handle their emotions, how they relate to each other and work together) is the key to their children’s resilience in coping with their parent’s separation or divorce. Research has shown that it is not the divorce but the way you divorce that impacts children.

Good communication is especially important for parents who want to provide the most ideal transition for their children and keep their families intact. One way to achieve favourable communication is to dedicate yourself to co-parenting and the compromises that come with forming a healthy relationship with your ex-spouse.

Stop looking back and start looking forward!