Amongst solicitors in the UK, January 8th has notoriously been known to be ‘Divorce Day‘ and this is because of the spike in couples making the first move to end their marriages after the festive period. According to reports from the Office for National Statistics, there was a 5% increase in divorce petitions submitted to courts in 2016 compared to previous years, and there was a 24% increase in calls made to relationship charities such as Relate in January 2016 alone, which they will anticipate will be seeing again in January 2018.
Why is it that there is a peak in divorces in January? The festive period is known to be stressful for many couples for many reasons, such as spending a lot of time together and finances being stretched to accommodate for the festive season, not to mention new year resolutions to change – the “New Year New Start” approach will always have a play, as many January divorces are hangovers from the previous year where many people have put off divorce for the Christmas period, especially if they share any children. In addition to this, many couples may also put off getting a divorce just before Christmas to give the relationship one last chance and to save any awkward conversations at family gatherings.
What should you do if you’re wanting to divorce your partner?
It’s important that you understand that there are five ways to prove that your marriage has irretrievably broken down and that it is completely broken down – adultery, unreasonable behaviour, two years’ separation by consent, 5 years’ separation and/or two years’ desertion. Furthermore, to be eligible for a divorce you must have been with your spouse for a minimum period of 1-year.
At Pabla and Pabla Solicitors, we understand that the process in which you file for divorce can be complicated or relatively straightforward, depending on your personal situation. If you wish to divorce your spouse, a divorce petition will be handed to the court and the respondent, your spouse, will have to complete confirmation that they have received the petition – should your spouse wish to defend the divorce then litigation will be necessary. However, if your spouse chooses not to defend the divorce, a Decree Nisi of Divorce can be applied for, followed by a Decree Absolute to cement the decision.
Understandably, anyone considering a divorce will know how costly it can be, which is why our expert family solicitors have cemented a number of funding options to aid you in throughout the process that will be arranged to accommodate your needs.
Our Family Law divorce solicitors are highly experienced in providing expert advice, guidance and legal representation and will support you through the process.
The divorce itself is one thing to think about, but you must also consider what will happen with the matrimonial finances once you have settled a divorce. Matrimonial finances can consist of any properties that you and your spouse jointly own either in the UK or overseas, savings, pensions, a business and/or any other assets. Unfortunately, there is no, specific formula laid down by the courts as to how financial settlements should be achieved and this is because no two cases are the same – Each case must be determined on its own facts and circumstances. This is, therefore, an area of the law that requires skill and expertise and not just from your solicitor; we have valued contacts who are the most proven and competent of experts in the form of valuers, surveyors, and actuaries who we will work with continually in order to best advise you on how you should look to proceed.
For more information about divorce and our family law services, please visit our divorce webpage.