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Lauran Stevenson

Solicitor - West Kent (Hadlow)

6th January 2025

Why Do Divorce Enquiries Surge in January?

January often sees a rise in divorce enquiries, as many couples reassess their relationships after the Christmas period. Some stay together for the sake of children during Christmas, only to realise their incompatibility after spending extended time together. Others may be pushed to separate by the financial stress of the season or simply seek a fresh start in the New Year.

This decision is rarely made quickly; it is often the result of months or years of attempts to salvage the relationship. For those considering divorce, understanding the legal process is crucial.

What Divorce Entails

Divorce is the legal process that officially ends a marriage. Since April 2022, the introduction of the No-Fault Divorce law has simplified proceedings, removing the need to assign blame. A divorce can be initiated after a year of marriage, either jointly or individually, and is mostly completed online.

Once filed, there’s a 20-week “cooling-off period” before a Conditional Order can be requested, followed by the Final Divorce Order 6 weeks and 1 day later, which ends the marriage. While the process itself is straightforward, it typically takes 8 to 10 months.

Financial Considerations

It’s important to bear in mind that finalising a divorce doesn’t resolve financial claims without a separate, court-approved financial order in place severing financial ties between the parties. Even if both parties agree on financial matters, it’s vital to consult a solicitor and obtain a court-approved consent order to avoid ongoing financial obligations after the divorce.

Research shows that many individuals feel their financial settlement was unfair but fail to seek proper legal and financial advice. The court’s starting point when considering how assets should be divided on divorce is that assets should be divided between parties equally so far as possible, with the aim being to achieve a fair outcome.

Seeking advice from both a solicitor and an independent financial adviser is therefore essential, to ensure that settlements are fair and sustainable. Financial challenges, such as higher mortgage rates and inflation, and going through the financial disclosure process, delay many separations, which on average take 1 to 2 years. Legal advice is crucial during this time to navigate the financial complexities of separation.

Conclusion

While January marks a peak for divorce filings, the decision to divorce is complex and should be carefully considered. Seeking early legal and financial advice is essential to ensure a fair process and secure financial future for all parties involved.

If you’re considering divorce, our Family Law Team is here to help. Contact us today to connect with one of our experienced solicitors for expert guidance and support.