As we step into 2026, many of us are focused on fresh starts and positive changes. However, January also brings what the media has dubbed ‘Divorce Day’ or ‘Divorce Month’, a period when family solicitors across the UK report a significant increase in divorce enquiries.
At Slater Heelis, we’ve witnessed this pattern throughout our years of supporting families through separation. Understanding why this happens and what it means for you can help you make informed decisions about your future.
What is Divorce Day?
Divorce Day typically refers to the first working Monday of the new year, when family law firms see a notable spike in enquiries from people considering separation. This trend extends throughout January, earning the entire month its reputation as ‘divorce month.’
While media coverage often suggests a dramatic surge in divorce cases, the reality is more nuanced. Ministry of Justice quarterly Family Court statistics show that divorce applications remain relatively consistent throughout the year. For example, in 2024, January to March saw 27,908 applications whilst July to September recorded 27,003 applications.
The “Divorce Day” phenomenon appears to be more about enquiries and initial fact-finding rather than a significant spike in actual divorce applications. The media perception likely derives from the idea of “January blues”, the notion that relationship tensions might peak over the Christmas period.
Why do more people consider divorce in January?
Several interconnected factors contribute to increased enquiries during this time, even if actual divorce filings remain stable.
The Christmas pressure cooker
The festive period places enormous pressure on relationships. What should be a joyful time often becomes a source of stress, financial strain, and emotional tension. Extended time together, family gatherings, and the expectation of happiness can highlight fundamental incompatibilities or unresolved conflicts.
Waiting for the right time
For parents, timing matters. Many choose to delay separation until after the Christmas and New Year festivities to give their children one final holiday season as an intact family unit. Once the celebrations conclude, these individuals feel able to move forward with seeking legal advice about divorce.
New year, new beginnings
January naturally prompts reflection and reassessment. For those in unhappy marriages, the new year symbolises an opportunity to take control and build a better future. This mindset of renewal empowers people to take action on decisions they may have been contemplating for months or even years.
Is January the right time for you?
There’s no universally “right” time to seek a divorce. The decision should be based on your individual circumstances, wellbeing, and readiness to begin the process. Consider whether you’ve exhausted all reasonable attempts to resolve your marital difficulties, whether your physical or emotional wellbeing is at risk, and whether you have a support network in place.
If you’re unsure, we can help you explore your options without immediate commitment to divorce proceedings.
The positive side: A fresh start
Whilst divorce represents the end of a marriage, it also marks the beginning of a new chapter. For many people, taking the first step towards separation brings relief and renewed optimism about the future. We understand that this decision involves courage, and we’re here to support you through every stage of the process.
No-fault divorce: reducing conflict
Since April 2022, couples in England and Wales can divorce without assigning blame through no-fault divorce. This legislative change removed the need to prove adultery, unreasonable behaviour, or separation periods in many cases.
No-fault divorce allows couples to separate more amicably, reducing conflict and supporting more positive co-parenting relationships. For families with children, this represents a significant benefit. We can explain how no-fault divorce works and whether it’s the right option for your situation.
Prioritising your children’s wellbeing
If you have children, their wellbeing remains paramount throughout the divorce process. Research consistently shows that children cope better with separation when parents maintain respectful communication and effective co-parenting relationships.
Children’s adjustment depends significantly on how parents communicate with each other, the level of conflict they experience, the consistency and quality of their relationships with both parents, and how effectively parents work together on child-related decisions.
One of the most impactful resolutions you can make is to minimise conflict with your former partner. Whilst dealing with difficulties in a relationship breakdown can feel frustrating and overwhelming, fostering a mutually respectful approach brings significant benefits for everyone involved, particularly children.
Managing financial matters
Divorce involves significant financial considerations, from dividing marital assets to determining maintenance arrangements. Understanding your financial position early helps you make informed decisions and negotiate fair settlements.
Key financial aspects include division of property, savings and investments, pension sharing arrangements, spousal maintenance, child maintenance, and business assets and interests. We provide clear, practical advice about your financial rights and obligations, helping you work towards settlements that support your future security.
Non-Court Dispute Resolution (NCDR)
Not all divorces will require court proceedings. We actively encourage non-court dispute resolution (NCDR) methods where appropriate. NCDR can significantly reduce difficulties, hostility, and legal costs whilst helping you maintain a more positive relationship with your former partner.
Mediation: A neutral mediator helps you and your spouse reach agreements about finances and children. Mediation often proves faster, less expensive, and less adversarial than court proceedings.
Arbitration: An independent arbitrator makes binding decisions on disputed issues. Family arbitration provides a private, faster alternative to court whilst maintaining a formal decision-making process. This can be particularly useful for complex financial disputes or when mediation hasn’t achieved resolution.
Collaborative Law: Both parties work with specially trained lawyers committed to reaching settlement without court involvement. The lawyers are barred from acting for the parties in court proceedings if a settlement cannot be reached.
Negotiation: Your solicitor negotiates with your spouse’s legal representative to reach an agreement.
These approaches can preserve working relationships between former spouses, particularly important when co-parenting.
Important consideration: Where there are domestic abuse or safeguarding concerns, NCDR may not be appropriate or safe. We will always carefully assess each situation to ensure any proposed resolution method protects your wellbeing and that of any children involved.
Taking the first step
If you’re considering divorce in 2026, taking that first step can feel overwhelming. When you instruct us, we listen to your situation without judgment, explain the divorce and financial processes clearly, and outline the different routes available to you. We discuss immediate practical steps and help you understand the pros and cons of each approach. You decide whether and when to proceed, there’s no pressure or obligation.
Supporting you throughout
Divorce represents one of life’s most challenging experiences, but you don’t have to face it alone. Our team combines legal expertise with understanding of the emotional and practical challenges you’re facing. We work collaboratively with you, tailoring our approach to your unique situation and goals.
The patterns of divorce have evolved in recent years. Divorce statistics show greater consistency throughout the year than historical patterns might suggest, with traditional peaks and troughs becoming less pronounced. What matters most isn’t when you start the process, but having the right support when you’re ready.
Whether you’re ready to start divorce proceedings or simply exploring your options, we’re here to help. Your future starts here, and we’ll be with you every step of the way.
Need advice about divorce or separation?
If you’re facing decisions about divorce or need guidance on any aspect of family law, our experienced team at Slater Heelis is here to support you. Get in touch by completing our online contact form or call us on 0330 111 3131.
Get In Touch
Charlotte Beck is a Partner in the Family Department. She specialises in children and divorce law, financial proceedings, international divorces and high net worth cases.
If you’d like to speak with Charlotte or one of our other experienced family lawyers, please don’t hesitate to contact us by calling 0330 111 3131 or completing our online contact form.
