New data from WSP Solicitors highlights a significant rise in divorce enquiries during January, with numbers increasing by up to 25% compared to other times of the year. Known as Divorce Day, the first working Monday after New Year’s Day sees a marked spike in couples seeking to start divorce proceedings.
Interestingly, 70% of these enquiries are initiated by wives in opposite-sex marriages. While January sees the highest volume, some couples don’t wait long after Christmas to act, with WSP’s family team receiving enquiries as early as Boxing Day.
This trend underscores the impact of holiday pressures on already strained relationships, making the festive season a challenging time for many couples.
Beth Evans, Head of Family Law at WSP Solicitors said: “Christmas can be a very stressful time for families who are already having difficulties in their relationship. The festive period magnifies these problems by spending more time together at home without the usual everyday distractions. Then there could be the added pressures such as the financial strain of Christmas or the need to be with wider family. Typically, couples wait for the new year before getting in touch to avoid upsetting the children or wider family during a time of celebration however, we see the strain on families growing year on year, especially with the continuing cost of living crisis, which is leading to more couples getting in touch earlier than January. We then see these enquiries climb and spike around Divorce Day and well into January.”
The Office for National Statistics (ONS) reports a 29.5% drop in divorce rates in 2022 compared to 2021. On average, marriages lasted 13 years for opposite-sex couples and 6–7 years for same-sex couples.
This decline aligns with the April 2022 introduction of no-fault divorce, which simplified the process by removing the need for blame and encouraging mediation, except in abuse cases. The new law also added a 20-week “reflection” period before proceedings, which, alongside rising living costs, likely contributed to the decrease in divorces.
Beth continued: “Divorce is now much more accessible than it was a few years ago with no-fault divorce and alternative routes such as mediation and voluntary disclosure, which is where couples agree on a financial settlement together. I wouldn’t therefore be surprised if the next set of national divorce statistics saw an increase in divorce rates. As a firm, we’re certainly seeing growth in this area, and expect that to continue into 2025, with 70% of our divorce cases resolved through mediation or voluntary disclosure.
“The law courts require separating parties to try mediation before making an application to the court, save for where there is domestic abuse, in the hope that the couple will reach an agreement that works for their family or at least narrow the issues between them without having to go to court, which can be very costly. Mediators assist parties to negotiate a settlement but they cannot provide legal advice so clients often seek their own independent legal advice in support of the mediation process.”
“We’re also seeing more complex cases come through involving high net worth couples with large estates and multiple assets, and company owners seeking to safeguard their business during a divorce. A business is an asset to be disclosed and potentially taken into account, with all others, when considering a financial settlement on divorce.”