New data released in the lead up to Divorce Day, the first working Monday after 1st January, reveals how Christmas pressures are pushing strained couples to breaking point.
According to fresh data released by WSP Solicitors, divorce enquiries to the law firm always rise in January by as much as 25% more than any other time of the year, with 70% of approaches instigated by the wife in opposite-sex couples. Some couples, however, can’t wait to start divorce proceedings after the Christmas festivities, contacting WSP’s family team as early as Boxing Day. 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 of National Statistics’ (ONS) most recent divorce data released February 2024, found that divorce rates in 2022 dropped by 29.5% compared to 2021 with the average marriage lasting nearly 13 years for opposite-sex couples and between six and seven years for same-sex couples. However, on April 6th 2022 no-fault divorce came into law, simplifying the process of ending a marriage or civil partnership by removing the need to assign blame or prove fault, while mediation, where separating couples work with a neutral third-party mediator to negotiate and resolve disputes related to their divorce, is strongly encouraged by the law (unless in domestic abuse cases), to resolve the matter outside of the courts.
The new act also saw the introduction of the new 20-week ‘reflection’ periods, where previously no minimum requirement was needed, which along with increasing costs of living pressures, may well have contributed to the lower divorce rates in 2022, according to the Government’s own ONS analysis and other reports. 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.”
