Divorce Day: Is there any truth in it?

Every year in the UK, the first Monday in January is widely referred to as ‘Divorce Day’. Family lawyers often report a noticeable increase in enquiries around this time, as couples who have struggled through the Christmas period decide to take formal steps towards separation. The term ‘Divorce Day’ however, would appear to be a media-coined term rather than a legal one. It reflects a seasonal pattern; during the holidays, couples may postpone difficult decisions, hoping for a fresh start in the new year. When January arrives, practical and emotional pressures ranging from finances, children and long-standing relationship issues are often magnified, thus leading to one party seeking advice. Whilst the term itself has no legal basis, it highlights the significant period people begin to reach out for guidance and advice about the UK’s divorce system. Understanding how divorce works under current UK law can help demystify the process and reduce anxiety for those considering separation.

The Legal Framework for Divorce in England and Wales

Divorce law in England and Wales significantly changed in April 2022, when the introduction of the Divorce, Dissolution and Separation Act 2020 established a “no-fault’’ divorce system. Under the current law, a spouse (or both spouses jointly) can apply for a divorce without blaming the other party. There is no longer any need to prove adultery, unreasonable behaviour, desertion or separation. The applicant (the spouse filing for divorce) simply makes a statement that the marriage has irretrievably broken down. This statement cannot be contested. The aim of the reform was to reduce conflict, encourage cooperation and make the process less emotionally damaging, particularly where children are involved.

The divorce process now follows a clear legal structure:

1. One spouse (a sole application) or both spouses (a joint application) initially apply online or by post. 
2. After the application is filed, the case enters a mandatory 20-week period designed to allow time for couples to reflect and make arrangements regarding finances and children.
3. After 20 weeks the party applies for a Conditional Order (formerly known as the decree nisi), this is the court’s confirmation that the legal requirements for divorce have been met. 
4. After at least 6 weeks and 1 day from the date of the Conditional Order, the Final Order (formerly Decree Absolute) can be applied for. Once granted, the marriage has legally ended. 

However, the legal ending of the marriage does not resolve the financial claims or children arrangements of both parties. It is purely a paperwork exercise that brings the marriage to an end.

Finances and Children: Separate but Crucial Issues

Divorce Day often prompts questions regarding the end of a marriage and the consequences it may have. Divorce does not automatically resolve financial issues. It raises matters of property, pensions, savings and debts, as well as child or spousal maintenance. If couples want to resolve the financial aspects of the relationship breakdown, a separate Financial Order will be required. 

Divorce itself does not regulate arrangements for children involved in a marriage breakdown. They are guided by the principle that the child’s welfare is of paramount importance. The court encourages parents to agree on issues such as where the child will live and how much time they will spend with each parent.

Is Divorce Day the Right Time to Act?

While Divorce Day can feel like a natural moment to seek advice, it is important to remember that speaking to a solicitor or mediator does not commit you to divorce. Early legal advice can help clarify options, costs, and likely outcomes, often reducing stress and conflict that may arise in the long run.

Divorce Day serves as a reminder that many people reassess their relationships at the start of the year. Under modern UK law, divorce is now considered a more straight-forward and less adversarial process than it once was, with no-fault divorce, a structured timeline, and an emphasis on resolution rather than blame. The legal system aims to support families and individuals through a difficult transition with dignity and fairness.

For anyone considering divorce, understanding the law is a crucial first step towards making informed and constructive decisions about the future. 

How can we help?

Our specialist Family Law team are able to provide you with advice and information about all aspects of family law. Contact our team by telephone on 01332 225225, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We have offices across the East Midlands and Staffordshire with expert family solicitors, in Burton, Derby, Stoke-On-Trent, Leicester and Swadlincote.