There is no such thing as Divorce Day
What is ‘Divorce Day’?
The media claims ‘Divorce Day’ is the day when the most divorces are started each year and it is supposedly the first working Monday after the Christmas and new year break. The reality of what we see as divorce solicitors is very different, with no significant rise in the usual number of divorces issued at Court following the Christmas period against other periods. It may be correct that some people take advice after having ‘one last Christmas together’ for the sake of the children or make new personal plans on the turn of a new year, but the decision to get divorced is rarely a reactive or emotive one. Our clients usually plan and prepare carefully, including taking expert advice before commencing with proceedings (not least for issues as to tax planning for instance). From our perspective, ‘Divorce Day’ is a myth and with the introduction of ‘No-fault divorce’, we expect this to be truer for this year than any other.
What time of year has the highest divorce rates?
We usually find that peak periods for those seeking to separate are after school holidays. While we do get new enquires in the new year, many do not commence divorce proceedings immediately and take appropriate advice as to when is the best time, personally and financially, to start divorce proceedings.
Another myth created by the media is that of a ‘quickie divorce’ that celebrities seem to achieve more easily than the rest of us. This is often misrepresented in the media who claim a divorce is finalised when proceedings reach the decree nisi, now conditional order, stage at court. In fact, this is the penultimate stage where the court confirms that you can end your marriage. The marriage is only legally dissolved by the final stage. This is no less than six weeks and one day after conditional order has been issued and when you can apply for final order, the legal document that brings a marriage to a legal end.
Did the introduction of No Fault Divorce make divorce quicker?
The Divorce, Dissolution and Separation Bill or ‘No-fault divorce’ did shorten the time it takes to get divorced. The timeframe from filing for divorce to the divorce being finalised is at least 26 weeks. However, where blame cannot be placed on one party, the bill does remove the need for a couple to be separated for at least two years before starting a divorce application.
If your marriage has broken down irreparably and you have decided that you would like to get divorced, our free easy-to-use Parting Ways tool provides an overview of what you need to consider from a legal perspective.
It takes a few minutes to complete and you will receive a Parting Ways guide that is tailored to your responses. It is intended to be used only as a starting point and not a replacement for speaking with a solicitor. You will not be asked for any personal information unless you decide you would like to speak with a member of our team.
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