The January Divorce Spike: What It Really Means, and the No Fault Divorce - Berry Smith

The January Divorce Spike: What It Really Means, and the No Fault Divorce

Each year, as the festive season comes to an end and a new calendar year begins, family law solicitors across England and Wales experience a noticeable rise in enquiries about divorce and separation.

This pattern, often labelled by the media as “Divorce Day” or “Divorce Month”, reflects a broader trend of individuals seeking clarity and direction in their personal lives at the start of the year. While January does not cause relationship breakdowns, it frequently becomes the point at which long-standing issues are finally addressed.

Why Does January See an Increase in Divorce Enquiries?

Several factors contribute to this seasonal rise in enquiries:

Holiday pressures and reflection

The Christmas period can place considerable emotional, financial and practical strain on relationships. Increased time together, financial pressures, family dynamics and heightened expectations can bring existing problems into focus. Once the festivities are over, many couples reflect on these tensions and reassess whether the relationship remains sustainable.

Deferred decisions

It is common for individuals who have already been contemplating separation or divorce to delay taking formal steps until after the holidays. This is often done to minimise disruption for children, avoid difficult conversations during family gatherings, or simply to “get through” the festive period before addressing challenging decisions.

A symbolic fresh start

January is closely associated with new beginnings. For many, the start of a new year provides an opportunity to make difficult decisions. Seeking legal advice about separation or divorce can feel like part of resetting priorities and planning for the future.

No-Fault Divorce:

Since April 2022, divorce law in England and Wales has undergone a significant reform with the introduction of no-fault divorce.

Previously, one spouse had to rely on specific facts such as unreasonable behaviour or adultery to establish that the marriage had irretrievably broken down. This often led to unnecessary conflict and distress at an already difficult time.

There is now no requirement to assign blame, set out allegations against the other party, or provide any reason. Instead, the parties to the marriage must state that their marriage has broken down irretrievably.

The process is designed to reduce hostility, increase accessibility, and help parties focus on practical arrangements rather than fault.

Our specialist Family Solicitors are able to explain the divorce process and overall steps involved to allow you to be informed and approach a divorce with confidence and support.

Practical and Personal Considerations

It is important to be mindful that divorce involves wider practical and personal issues that require careful thought, advice, and planning:

· Financial arrangements: Dividing assets and planning for future financial security are often central concerns. Early legal and financial advice can help manage uncertainty and avoid future disputes.

· Children: Arrangements for children’s care, living arrangements and wellbeing should remain a priority. Wherever possible, agreements should be reached collaboratively and in the best interests of the children.

· Alternative dispute resolution: Mediation, collaborative law and other non-court approaches can help couples resolve issues constructively and reduce conflict.

Supporting You Through the Process

Although January often sees a surge in divorce enquiries, there is no “right” or “wrong” time to begin the process. What matters most is having access to timely, tailored advice that allows you to make informed decisions with confidence.

Whether you are simply exploring your options or ready to take the next step, speaking to an experienced family law solicitor at an early stage can help you understand the process allowing you to gain a clearer understanding of all that is involved.

If you would like any advice in relation to the divorce process, finances on divorce, child arrangements following divorce, or any other aspect of family law our specialist Family law team at Berry Smith are able to help. Please do not hesitate to get in contact via family@berrysmith.com or 01656 645525.