The first working Monday in January – today – is often labelled “Divorce Day”. But much like “Blue Monday”, the origins of which are a PR campaign to encourage Brits to purchase holidays, “Divorce Day” has little basis in fact in our experience as family lawyers.
We are therefore re-thinking Divorce Day today.
There is a moment in every divorce journey that clients remember clearly. It’s not always the day the divorce application is filed or the day a court order is finalised. Often, it’s the day the reality of divorce sets in; the day when the uncertainty of the future overwhelms. To us, this is that client’s Divorce Day.
Divorce Day looks different for everyone. For some, it comes with grief. For others, it brings relief mixed with fear. For almost everyone it gives pause for thought and in some cases may give rise to panic or a real sense of urgency. Many query at this stage how best to progress towards a constructive outcome, which step comes next and how best to protect their position and that of their children.
This is where experienced legal guidance makes a meaningful difference.
Feelings and concerns that may set in on Divorce Day
The stability and well-being of a client’s children
Housing, assets, and financial security in the long term
Communication with a spouse who may be angry, distant, or uncooperative
Making decisions under emotional stress that could have lasting consequences
Without proper support, this moment can feel isolating.
How Edwards Family Law supports clients through Divorce Day
At Edwards Family Law, the goal is not just to manage court applications, but to guide people through one of the most challenging transitions of their lives with clarity.
Questions answered
Divorce Day often brings urgent questions. Edwards Family Law helps clients understand their rights, options, and obligations so they can make informed decisions as opposed to fear-driven ones.
Protection of children
Edwards Family Law recognises that for parents, nothing is more important than their children. We work hard to formalise child arrangements and parenting plans that prioritise the child’s well-being, while advocating firmly for a client’s parental rights.
Financial strategy and long-term planning
From property division to spousal maintenance, child maintenance and pensions, Edwards Family Law focuses not just on the immediate settlement but on the long-term projected impact of a financial settlement on a client, well into retirement. We work with wealth advisers to run cash-flow modelling and ensure that you have financial confidence coming out of the divorce process.
Calm, strategic representation
High-conflict divorces can move quickly. Edwards Family Law provides proactive, strategic representation that reduces unnecessary conflict while remaining prepared to litigate when needed.
Compassion
Divorce Day is not a failure; it’s a transition. Edwards Family Law’s clients are met with respect, confidentiality, and understanding, regardless of how they arrived at this point.
Moving forward after Divorce Day
Divorce Day is the beginning of a new chapter and therefore deserves careful planning and strong legal support.
With Edwards Family Law, clients do not face this moment alone. They gain a representative who will tackle any complexities in the case, forge a path forward and make their best case on their behalf.
On your Divorce Day, Edwards Family Law is here to help you take the next step with all the support you need.
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.
Every January, the press take great pleasure in writing about Divorce Day, which is considered to be the most popular day for divorce petitions to be filed with the court. It is fair to say that most family lawyers see an uplift in enquiries at the start of the new year, when in many cases couples have stayed together for the sake of their children, spent Christmas together, and then choose to action their separation more formally once the Christmas decorations have been packed away.
However an issue that has possibly also affected and influenced peoples’ decisions to action their formal separation or divorce, are the increased costs that everyone has been faced with in this present cost of living crisis. Potential clients are becoming increasingly 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.
Certainly, mortgage costs have increased exponentially, and house values have simultaneously slumped, with the property market on its knees. The prospect of dividing one house into two and of paying a mortgage at current interest rates, is a very real worry for people. It makes it even harder for them to fathom and deal with the situation than it naturally is in a ‘good’ financial climate.
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, the family business picks up, or until the house prices go up, 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. If there is not, and one of the couple has the majority control of the finances, there is every chance that money might be over-spent, moved around, the ownership of assets changed… It is crucial to deal transparently with financial disclosure in the event of a financial separation and divorce, but if one party is intent on making this difficult, and if they have been given even more time to action any such dealings with any delay in formally sorting out the financial separation, it will 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.
The timetabling of the way in which a person chooses to handle their personal life, and the huge decision of ending a relationship with all the emotional difficulty that comes with that, is entirely their decision. As family lawyers, we must be mindful of the potential pitfalls that come with waiting, which we will always discuss with them honestly but mindfully. Divorce is not something that ought to be, nor is it usually rushed in to, especially when children are involved. In the event that we are instructed to assist, when someone decides to press ahead, 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. At the very least, anyone who is considering divorce and is concerned about the costs or potential outcome, should get legal advice early on to discuss the pros and cons.
Edwards Family Law is the trading name of Edwards Family Law Limited registered with Companies House Co No: 11916919. Edwards Family Law Limited is authorised and regulated by the Solicitors Regulation Authority. SRA No 658249.
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