Law Society shares thoughts on ‘Divorce Day’

Nick Emmerson, Law Society of England and Wales president has shared his thoughts, on the the first Monday after the festive period being coined as ‘Divorce Day’ as allegedly there are usually a high number of divorce enquiries in the UK.

This year the first Monday fell on 8th January, however, some people take ‘Divorce Day’ to be the first working day back after New Year, so the 2nd January 2024. Regardless, there seem to be mixed views on this day and whether or not there are in fact a higher number of divorce enquiries.

Nick Emmerson, said:

“The New Year can be a turning point for couples as they look to make a fresh start and begin the process of divorcing their ex-partner. Divorce law has seen some big changes in how couples can separate.

In April 2022, ‘no-fault’ divorce came into effect meaning that separating couples no longer have to prove a fault-based fact against their ex-partner and this further means that their children do not have to suffer unnecessary conflict and anxiety.”

The Law Society, in their comments on ‘Divorce Day’ have shared a number of  statistics to attempt to support the notion that ‘Divorce Day’ does in fact exist.

1. Between January to March 2023, there were 28,865 divorce applications. 76% from sole applicants and 24% from joint applicants. (1)
2. Between April to June 2023, there were 24,624 divorce applications. 75% from sole applicants and 25% from joint applicants. (2)

However, even a very quick look on LinkedIn over the last 10 days will show that the overarching feeling from family lawyers themselves, suggests otherwise and that ‘Divorce Day’ really is a marketing spin. Enquiries come in throughout the year, and can vary at different times for a whole multitude of reasons.

Chloë Rodway, Associate Solicitor and Mediator at southgate solicitors, commented:

“Is ‘Divorce Day’ a myth? My view is that yes, it is!

Divorce happens throughout the whole year, but there is a common misconception that divorce day takes place on the first Monday / working day of the new year as this is when family law solicitors see a dramatic increase in client enquiries.

The idea came about that due to couples spending more time with their partner over Christmas / New Year period, they may re-evaluate their decision and decide that in fact they want to start the divorce process. It was also alleged that people reflect on their year and set new goals and resolutions – sometimes, this does not include their spouse and therefore, again, this may lead to a rise in divorce enquiries.

However, I do not feel that Divorce Day is an accurate reflection as divorce takes place throughout the whole year, but there are a handful of people who do just decide to start the process on the proposed ‘Divorce Day’, which has lead to social media reporting about this day being a huge rise in proceedings. In practice, this is merely not the case. “

Nick Emmerson, concluded:

“The family court system is facing significant pressures such as backlogs and delays. Delays can cause significant harm, inconvenience and uncertainty for divorcing couples, particularly when children are involved.

We call on the UK government to ensure there are sufficient fee-paid and full-time judges to deal with existing and new cases and that support is available immediately for those who need it.”

What are your thoughts on Divorce Day being a myth? Leave a comment below or let us know on LinkedIn or X.