Divorce Day: New Year, New Beginnings?  

The media have coined the term “Divorce Day”. This is the first Monday in January and this year falls on Monday 6 January 2025. “Divorce Day” is considered to be the most popular day for couples to initiate divorce proceedings. Below we explore the potential reasons for this and considerations if are you are thinking of separating. 

Why does January see more divorce enquiries? 

It is fair to say that most family lawyers see an uplift in enquiries at the start of the new year and this can be for a variety of reasons. The festive period can be very stressful, both financially and emotionally. For couples who are already struggling, this can only exacerbate issues. Many also see the New Year as a fresh start, so addressing relationship issues and taking steps to separate may be on the list. 

For couples with children, separating just before Christmas is not an attractive option. Couples may therefore decide to stay together until the festive period is over. Many solicitors see a rise in enquiries in the lead-up to Christmas. Clients want to take legal advice about their rights, but then wait to take formal action until the New Year. 

Other issues impacting the decision to file for divorce

According to the most recent report published by the Office for National Statistics there has been a decline in the number of divorces. In 2022 there were 80,057 divorces granted in England and Wales, a 29.5% decrease compared with 2021 and the lowest number of divorces since 1971. We do not know the exact reason for the decline, however the cost-of-living crisis may have influenced people’s decisions to divorce. 

A Legal & General study in 2025 found 272,000 people have delayed their divorce due to the cost-of-living pressures. Although 2024 saw interest rates and mortgage rates decrease slightly, the cost-of-living pressures remain. Potential clients are becoming increasing reticent and concerned to initiate proceedings, with many taking advice and then telling us that they want to sit tight, believing a divorce or separation to be ‘unaffordable’ at the moment. Creating two households out of one seems unaffordable for many. 

What to consider if you are thinking of separating 

Making the decision to separate, whether now or in the future, it extremely difficult. Getting divorced is not only a legal process, but also is an emotional journey and you should ensure you have the right support in place. 

You should consider obtaining legal advice as early as possible. Taking legal advice does not need to lead to separation or divorce, but arming yourself with the information so that you can prepare yourself for this eventuality can be empowering, whatever way you decide to go, knowledge is power after all. Ensuring you also have emotional support is important. Whether this be family or friends or looking to a professional for support, for example a therapist or divorce coach. The emotional toll of a divorce should not be underestimated. 

When to formally separate 

There is no one size fits all approach. What is right for you may be different to someone else, and it is important to take the process at your pace. Some people choose to emotionally separate but not formally move apart and deal with their financial arrangements. This arrangement is often something that we would advise against. Whilst some may believe that they would prefer to wait until asset values increase, this can be a false economy. Certainly, once a couple (or even one party) has made the decision to separate, staying in a marriage or relationship at that stage can be very claustrophobic and stressful, and can also seriously impact the mental health of children involved in the midst. It is true to say that this arrangement will also only work if there is complete trust between the separating couple. 

Delaying formally separating may also give one party the chance to change the financial position, for example over-spending, moving money out of reach etc. It is crucial to deal transparently with financial disclosure in the event of a financial separation and divorce. Delaying formally separating may make it much harder, and much more expensive, to unpick the truth and work out what a true representation of any financial outcome ought to be.

Prolonging the inevitable might not be the best financial decision in the long term, particularly if pensions need to be divided. We have seen drastic fluctuations in pension valuations recently. Whilst that of course affects everyone across the board, formally sharing pensions on divorce sooner rather than later at least provides some certainty to the recipient party that they have full control of their share of what is often the most significant asset of the marriage or partnership, after the family home, even in a volatile market.

How Edwards Family Law can assist

As family solicitors we are mindful of the pitfalls that come with waiting to separate, which we will discuss honestly and transparently with you. However, what is right for you and your family is a decision for you to make. In the event that we are instructed to assist, our aim is to advise pragmatically from the outset to try to preserve a good working relationship with the other party and/or their solicitor, and give advice that is sensible from the outset in terms of preserving your costs position. If, therefore, one of the big concerns is proportionality in dealing with the case sensibly and cost effectively, and that is what is putting a potential client off from formally actioning their separation, we can certainly assist.