Separating in the new year? Useful tips to navigate your divorce

Statistics suggest that the first quarter of the year is where the most divorces are started. January 2nd typically is termed “Divorce Day” Whilst the Office of National statistics show that there were 27,908 divorces commenced in England and Wales in the first quarter of 2024. those figures are down by almost 4000 when compared to 2023. 

Its not known as to how many new cases will be started in the first quarter of 2025, but for those relationships which sadly end in 2024, this article aims to give some important guidance when considering your next steps

Whilst emotions can be very raw, its important not to let the same cloud your judgement. A lot of venom has been removed from the divorce process since the changes brought in 2 years ago. The landmark date of 6th April 2022 brought with it one of the biggest changes to family law that we as professionals have seen. The various grounds for divorce such as adultery and unreasonable behaviour were removed and replaced instead with an individual just having to show that the marriage had broken down irretrievably . It is more commonly known as the “no fault” divorce process. It also removed costs applications and a party bringing a full defence to an application. As a result of this a lot of the bad feelings that had been in cases previously are no longer there. I personally have seen the process become much more streamlined, though sadly the average divorce timescale can take 6-9 months. There are no signs at the moment for the court shortening this timescale but in time this may be something that is looked at again.

It means the parties to a divorce move forward to instead focus on financial and children matters 

I always advise clients to try and first talk things through directly with their ex partner calmly and in cases involving children having the child’s best interests at heart. Any initial agreements reached will help when solicitors become involved

Children’s wishes and feelings can be considered and more so with older children but it has to be carefully balanced against any undue pressure put on a child to “pick” which parent whom to spend the majority of time. Wherever possible the child needs to be removed from any adult discussions

Financial discussions should not be a “wish list” as to what a party wants but what they need to survive. The correct approach to adopt is to look at a case as to how the court would approach the matter. The courts primary focus is needs. The court want to make sure that each party can house themselves and any dependent children and support themselves financially going forward . It also might be prudent to consult with the citizens advice bureau to see if there may be some entitlement to benefits to supplement any income.

Debts can also be a major point of debate. Debts held in one parties name can be classed as marital debt if it can be demonstrated that the debt has been accrued during the marriage and for the benefit of the marriage such as on home improvements or holidays . 

As solicitors we aim to work with clients to ideally resolve matters outside of the court which in turn can save both time and money 

Should you need support with any aspect of your separation please call one of our team today.