'Divorce Day'. Why do so many couples split after Christmas? A lawyer has the answers

There are three main reasons why many couples have attempted to 'keep it together' over the festive period

Couples will try to 'keep it together' for Christmas (Image: Getty Images)

'Divorce Day' - the first working day in January - is fast approaching and solicitors are expecting a rise in calls as couples make the difficult decision to separate.

But why do people file for divorce so soon after the festive period ends?

It's been revealed that couples often try to 'keep it together over Christmas' - and there are three main reasons.

Sally Powell, executive partner at law firm Tees, told the Huddersfield Daily Examiner: “While the term ‘Divorce Day’ can downplay what is an incredibly complex time in people’s lives, it is true that there is an increase in couples seeking divorces in January.

“The New Year is synonymous with fresh starts, with people looking ahead and developing personal or professional goals, taking steps towards what they want for their future."

Divorce Day is fast approaching (Image: Getty)

“Many people will 'keep it together' for Christmas:
For their children,
To give the relationship one last chance,
To save awkward conversations at a time that is, for many people, all about togetherness and family.

“Likewise, the stress of the holiday period can reveal cracks in relationships or bring underlying issues in the relationship to a head.”

There are a number of common ‘myths’ about divorce that couples should be aware of.

First, the only legal basis for divorce is the ‘irretrievable breakdown of marriage’.

The holiday period will bring underlying issues to a head (Image: Cultura RF)

This can be established in one of five different ways; unreasonable behaviour, adultery, two years’ separation by consent, five years’ separation and/or two years’ desertion.

Couples must be married for a year before being able to divorce and, contrary to popular opinion, the court does not look to penalise either party, except in very unusual circumstances.

This means that even the ‘injured party’, for example a spouse that was cheated on, won’t necessarily receive a favourable settlement.

Sally says people seeking divorce need to be realistic.

Couples must be married for a year before being able to divorce (Image: getty)

“Divorce is an incredibly difficult decision for anyone to make,” she said. “If your relationship breaks down and you want to divorce, consider legal advice early.

“A Family Law solicitor will support you through the whole process. Your solicitor is on your side and will help put you in the strongest possible position when dealing with your former partner.”

She added: “Every relationship is different but our key recommendations for anyone going through a divorce are to communicate and to be realistic. Without all the information, a solicitor cannot advise properly and both parties need to understand the impact a divorce will have.

“A fair split of assets is not necessarily an exactly equal split as their value can change overnight, so being too precise can be counterproductive and draw out the process. It’s our job to give realistic advice from the outset to help clients understand exactly what the best outcome looks like for them.”