Divorce day: reality or myth?

As the festive season draws to a close, the concept of ‘divorce day’ once again emerges. Is there any truth to the notion that the overwhelming frills and festivities of Christmas and New Year build up to a recognisable day of couples opting for divorce?

The Office for National Statistics (“ONS”) reports that divorce rates are falling, with a 29.5% decrease in 2022 compared to 2021 – the lowest number of divorces since 1971. However, this could be the result of couples remaining in marriages, whether happy or not, or the rise of cohabiting couples choosing not to enter legal unions.

Societal attitudes are also changing, with over half of children in England and Wales now being born to unmarried parents, leading to a surge in demand for cohabitation agreements to help these couples manage finances, property, and child-related matters. Separately, the ONS reports a downward trend in marriages over a 30-year period from 1992 to 2022.

Law firms may see a rise in divorce enquiries following the festive break, but this is not necessarily due to sudden divorce decisions. The added stresses, increased tensions and financial burden during this period can put extra pressure on faltering relationships, and correlates with a surge in domestic violence reports. However, any increase likely reflects a backlog of enquiries that accumulated while offices were closed – and the data does not indicate a spike justifying a ‘January divorce day’.

In the Family Courts, 26.1% of matrimonial proceedings occur in the first three months of the year. The reality often is that new enquiries notably increase from February onwards. This is likely to be attributed to when people settle into their usual routine, children are back at school and Christmas has well and truly been and gone for another year. However, it is often not that simple.

A critical consideration for many parents is whether remaining in an unhappy marriage benefits their children. While divorce can have a short-term impact, a carefully handled separation can minimise long-term emotional harm. In fact, exposing children to a dysfunctional relationship can be more detrimental than demonstrating healthy communication during a relationship breakdown.

Parents often strategically time potential divorces, waiting for what they consider opportune moments – such as after exam seasons or when children have left home. This becomes increasingly complex with financial considerations like potential school fee challenges, especially with upcoming VAT on private education.

This article was first published in The Legal Diary on Friday, 3 January 2025.