The joys of Christmas and the New Year period can also unfortunately mean stress for many couples and families. This has perhaps been the source of a commonly held belief that early January is the peak time in the year for couples deciding to separate. But is ‘Divorce Day’ rooted in fact or is it just a media fabrication?
Neil Graham, experienced family law solicitor and co-founder of G&G Law, spoke to high net worth publication Spear’s as they explored the truth behind Divorce Day.
“When I first started practising as a family lawyer nearly thirty years ago there was a small increase in enquiries after Christmas or the summer holidays when some couples were reminded of why they preferred to avoid spending time together, if at all possible,” Neil says. He goes on to suggest however that this is no longer the case. “The statistics suggest that this is now more of a media myth and that the rate of applications for divorce, or for dissolution of civil partnerships, is steady throughout the year.”
Divorce should be handled with care
Along with other family law experts, Neil stresses the importance of carefully initiating a divorce, focusing on when is right for the parties involved rather than a particular time of year. “When to commence proceedings is usually now part of a considered approach taking into account the possibility of couple therapy, the impact of the timing of proceedings upon any children as well as any perceived strategic advantage in filing an application first in time,” he tells Spear’s.
The more a couple can be prepared for a potential separation, the better. While it is not considered romantic to ‘pre-plan’ for divorce ahead of getting married, pre-nups are becoming more popular and can be very effective in giving assurance and certainty to both parties. “The earlier advice is taken in advance of the marriage ceremony the better, especially where the parties have an international lifestyle and will spend time in more than one country,” Neil says.
Untangling a relationship
Every relationship is different but navigating the end of a relationship can often be complex and difficult. The most important first step is understanding your options and getting the best advice as early as possible to enable you to identify the best way forward. Weighing up each of these options when you have the opportunity to do so and being able to formulate a strategy first with which you are comfortable will be key to navigating the process as smoothly as possible.
It is also always worth thinking about entering into a pre-nuptial agreement in advance of your marriage, particularly if there is a significant disparity in your wealth, inheritance prospects or earning capacities.
We have a wealth of experience advising clients on pre-nuptial agreements and on resolving their finances and division of assets upon divorce, as well as resolving children matters with care and sensitivity.
