“Divorce Day” – Is There Actually Truth Behind It?
The first working Monday of the year has become known as “Divorce Day”, a phrase born from marketing rather than statistics.
Whilst in reality, we usually hit our highest volume of divorce enquiries towards the end of the summer, there is some truth behind a rise in demand for divorce in January.
The festive period often places couples in close quarters, often alongside extended family, financial pressure and heightened expectations.
When normal routines resume, unresolved issues can feel impossible to ignore and the new year may seem like the natural point to draw a line and start afresh.
Not too dissimilar from the reasons we’re approached in August and September.
The rise of DIY divorce
The introduction of no-fault divorce in 2022 and the online system have changed how accessible getting a divorce is.
The legal process of ending a marriage is more structured and largely administrative.
Online applications and the absence of blame have made it possible for people to manage the divorce applications themselves without professional involvement, fuelling the rise of DIY divorce.
Where do the problems fall with DIY divorce?
In practice, the greatest risk of DIY divorce rarely sits with individuals making the application itself. The application does what it is designed to do, bringing the marriage to a legal end.
The real difficulty usually arises in relation to financial arrangements, which remain separate from the divorce process.
Ending a marriage without properly resolving financial arrangements can leave the door open for future claims, long after the divorce is final.
Couples may agree how to divide property or savings between themselves and move on, assuming the matter is closed.
However, informal agreements carry no legal protection. A change in circumstances years down the line, such as a new relationship, inheritance or business success, can reopen financial claims that were never finalised by a court order.
Is DIY a viable option for all divorce matters?
DIY divorces tend to work best where circumstances are fairly simple, couples who communicate well, have limited assets, do not have children under 18 and share a clear view on division often manage the process successfully.
However, even in these cases, seeking legal advice during the divorce process can prevent complications and ensure that matters run smoothly.
Alternative options available to clients
For couples who want more support with resolving their divorce or finances, but do not necessarily want to go straight down the legal route, there are several options:
Mediation, which is where an impartial third-party mediator helps couples discuss openly about dividing assets and finances. Mediation provides a safe space to reach agreements, but it does not provide legal advice.
Single Solicitor Service is a service for couples to jointly instruct one impartial solicitor to advise and prepare the necessary documents to finalise their divorce and finances. It is perfect for couples who want to handle most of their process themselves but still need some legal support or guidance on their legal position.
Solicitor negotiations are where each party instructs a solicitor to handle the negotiations on their behalf.
If all other options fail, applying to the Court may be necessary. We can advise and assist you with this process.
Choosing whether to manage the process yourself is a personal choice. It does not suit every couple, but for many who can work together, it has proved a practical and cost-effective option.
