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 Nelsons, 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.
Many couples who have been struggling throughout the year find these issues magnified during the holidays. The combination of forced proximity and high expectations creates a challenging environment for relationships already under strain.
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. The decision to wait reflects their commitment to minimising disruption during what should be a magical time for children.
New Year, new beginnings
January naturally prompts reflection and reassessment. People evaluate their lives, set goals, and make resolutions for positive change. For those in unhappy marriages, the new year symbolises an opportunity to take control and build a better future.
This mindset of renewal and fresh starts empowers people to take action on decisions they may have been contemplating for months or even years. The psychological impact of a new beginning shouldn’t be underestimated.
Is January the right time for you?
There’s no universally “right” time to pursue divorce. The decision should be based on your individual circumstances, wellbeing, and readiness to begin the process.
Consider these questions:
- Have you exhausted all reasonable attempts to resolve your marital difficulties?
- Is your physical or emotional wellbeing at risk by staying in the relationship?
- Do you have a support network in place?
- Are you prepared for the practical and emotional challenges ahead?
- Have you considered the impact on your children and how you’ll support them?
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. Our approach focuses on achieving fair outcomes whilst minimising conflict and stress.
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.
The way you divorce matters more than the divorce itself. Children’s adjustment depends largely on:
- How parents communicate with each other
- The level of conflict they witness
- The consistency and quality of their relationships with both parents
- 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.
We work with you to establish child arrangements that prioritise your children’s needs whilst respecting both parents’ roles in their lives.
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
- 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 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 a resolution.
Collaborative law: Both parties work with specially trained lawyers committed to settling without court involvement.
Resolution together: A structured approach where both parties and their solicitors meet together to resolve issues cooperatively. This method promotes open communication and problem-solving in a supportive environment.
Negotiation: Your solicitor negotiates directly with your spouse’s legal representative to reach agreements.
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 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. Here’s what you can expect when you contact us:
1. Initial consultation: We listen to your situation without judgment, answer your questions, and explain the divorce process clearly.
2. Options review: We outline the different routes available to you, from no-fault divorce to mediation, helping you understand the pros and cons of each approach.
3. Practical guidance: We discuss immediate practical steps, from gathering financial documents to considering living arrangements.
4. Next steps: 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. We’re committed to providing reliable, professional support that breaks down legal barriers and helps you navigate this transition.
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? Get in touch now.
How can we help?
Emma Davies is a Partner in our Family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500.
Emma specialises in divorce and financial settlements, which involve complex issues and substantial assets. She also advises on pre- and post-nuptial agreements, cohabitation agreements and separation agreements, along with private law Children Act disputes. Emma is a qualified collaborative law and Resolution Together practitioner.
If you need further advice on the subjects discussed above, please contact us, and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide, along with details of our hourly rates and fixed fee services.
For more information or advice, please call Emma or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.
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