Divorce Day | marketing spin or genuine spike?

While there may be more enquiries landing on family lawyers’ desks after the festive period, is this because more couples decide to get divorced over the festive period than at other times of the year or is there a surge in enquiries about divorce for other reasons? For example, offices may have been closed for two weeks over the holiday period, families may have been thinking about seeking legal advice for a while but wanted to get Christmas out of the way first for their family/children’s sake. Could the ‘new year, new me’ also be a driving force?

It should also be noted that not all solicitors see a spike in January.

Richard Smith, family law partner at Burness Paull LLP, believes that Divorce Day is a myth perpetuated by the media.

“Every January, I hear people say that as a family lawyer, it will be our busiest time and that on some notional date in January more divorces are filed with the Court than at any other time of the year.

My experience – and the reality I would say – is very different. Sometimes January is full on with work; sometimes it isn’t. There is sometimes a rush of new clients but often it starts later in January, and certainly not on the first day back after the Christmas break!”

There are no concrete statistics that highlight a surge in divorce applications on Divorce Day or even in January. This area of law is incredibly personal and people seek advice at times that are right for them. While there may be seasonal activity or life events that could allude to peaks and troughs in applications, these aren’t statistics or trends.

"bottleneck in January"

Richard continues: “I do sense that many clients choose not to see a solicitor for the first time in the run-up to Christmas and that leads to a bottleneck in January. Coupled with that, some people do decide to seek the help of a family lawyer to sort out legal issues arising from a relationship breakdown in the new year as that is a time when people can reflect on such personal issues."

Is there a difference between England and Scotland, Richard says "The English system is more court based than Scotland’s so there may be a higher degree of accuracy to Divorce Day south of the border where clients file for divorce earlier in the legal process.”

Lucy Metcalf, partner at Thorntons Law, agrees with Richard:

“The media sometimes make a lot of Divorce Day because of a spike in new enquiries from people separating from their spouse or partner. However, it’s a bit of a myth.

While we do often see an increase in enquiries at this time of year, it could be because our offices have been closed for a period. There might be something in the idea that people see the new year as an opportunity to reassess their lives, which could be a driver for making the life-changing decision to separate. However, clients very rarely make a knee-jerk decision to end their relationship and it’s almost always something they have thought about for a long time before taking legal advice.”

 "it's pretty much impossible to discern trends"

Lucy continues by highlighting how impossible it is to ascertain trends for those considering separating and subsequently those that go on to do so. There are numerous factors at play when it comes to seeking legal advice for divorce.

“Financial pressures caused by the cost-of-living crisis, or just by the expense of Christmas, can contribute to a couple’s decision to break up, but equally concerns about how they will manage to support two households can mean that people stay together and delay divorcing.

The truth is that every relationship is different and it’s pretty much impossible to discern trends about whether more people decide to separate at one time of year rather than another.”

Whether a myth or reality, Divorce Day is behind us for the rest of the year. Let us know your thoughts on Divorce Day by emailing Rebecca.morgan@thinkpublishing.co.uk