‘Divorce Day’ myth returns

For those of us who have been involved in family law for a number of years, one thing that appears to be consistent at the start of every new year is the media’s portrayal of so called “Divorce Day”. It is pictured that on the first working day of the new year family solicitors are overrun by a spike in couples considering ending their marriages after the festive period and wanting an appointment with a family solicitor as soon as possible (this year being Tuesday 2 January 2024) and issue their divorce petitions the same day.  Some reports also state that January often sees twice as many couples begin divorce proceedings as any other time of the year.

However, in reality most people want to make sure that the family are back in the routine of school and work after the Christmas break before they start making life altering decisions. Whilst it is now easier to start divorce proceedings online and without the parties having to blame one another, it is still not the case that divorce petitions are being submitted the same day as a solicitor sees their client. The majority of divorce solicitors if asked would likely say that it is very rare for them to see a new client and issue their divorce petition the same day. The Law Society has a strict Family Law Protocol which should be followed whereby ‘Prior to the issue of proceedings…solicitors acting for applicants or petitioners should notify those acting for respondents…of the intention to commence proceedings.’ Only in extreme circumstances where there may be an international jurisdictional issue would it be likely for a petition be issued the same day as seeing a new client, but even then this is not always the case.

There are also no national statistics to back up the number of divorces begun in any given month in England and Wales. The only figures to be published by the Office of National Statistics (ONS) are based on the number of divorces granted annually. Every year to try and counteract the media’s stance on the Divorce Day myth, many family solicitors flood social media with the hashtag #thereisnosuchthingasdivorceday.

Anyone who is considering divorce will do so in their own given time and it is important that independent legal advice is sought as early as possible from a competent and experienced family law solicitor so that all options are discussed in detail before a decision is made. At Kerseys Solicitors we can offer an initial consultation where discussions can be had in confidence and clients can decide on the option that is right for them.   For more information contact our experienced family law team in Ipswich on 01473 213311 or our family law team in Colchester on 01206 584584 to discuss our initial consultation process, alternatively you can email [email protected] or visit our website and click “Call Me Back” and a member of family law team at Kerseys Solicitors will be happy to contact you.