What is ‘Divorce Day?’

As everything returns to normality after the New Year, family lawyers are gearing up for one of the biggest days of the year.

 

The first working Monday after New Year’s is often referred to as “Divorce day” and it is the biggest day of the year for family lawyers. Research completed by Irwin Mitchell has shown one in five married couples consider separating from their partners after celebrating the festive period together and so the first working Monday after New Years’ is when the most enquiries about divorce are made. Data analysed by divorce support service Amicable has shown that more than 40,500 people will search “divorce” online in January.

 

There are a number of reasons why people consider separating from their partners after the end of the festive period. Maybe the extended period of spending time together more than usual has caused pressure for their relationship or financial strains due to the Christmas period have instigated arguments between the pair. Maybe the stress of trying to create the perfect Christmas has revealed cracks in the relationship or the idea of a fresh start at the beginning of the year has spurred people on to seek advice on divorce.

 

The decision to end a marriage is not to be taken lightly and in some cases, it may be that couples have been contemplating the idea of divorce long before the Christmas period but they decide to stay together and celebrate the festivities together one last time for the sake of their family and friends.

 

The Office for National Statistics show that 42% of all marriages end in divorce with the average marriage lasting 12 years. Statistics also show that in 2016 there was a five per cent increase in divorce petitions lodged at court compared to 2015.

 

The Divorce Process

 

In order to obtain a divorce in England and Wales, the marriage must have lasted for at least one year and the party must be able to prove to the Court that the marriage has broken down irretrievably.

 

Irretrievable breakdown of the marriage can be proved by establishing any one or more of the five facts which are: adultery, unreasonable behaviour, desertion, 2 years separation with consent or 5 years separation.

 

Once the Court is satisfied that the marriage has broken down irretrievably then they will provide a Certificate of Decree Nisi. After this Certificate has been granted the party who initiated divorce proceedings will be able to apply for the final certificate of Decree Absolute after 6 weeks and a day. Once the Decree Absolute is granted, the parties are formally divorced and can remarry if they wish. Depending on the circumstances of the case, a normal divorce will normally take no longer than three months.

 

For more information on this or any other family law matter, please contact Devi Zimmer on dzimmer@faranitaylor.com or call us on 0203 301 6666. We offer a free initial 30 minute consultation

 

 

 

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