It’s Not You, It’s the Date: Is there such a thing as “Divorce Day”
Every January, headlines resurface claiming that the first Monday of January is “Divorce Day” – the name given to the supposed peak time when couples rush to lawyers to file for divorce. It’s a sensational narrative that thrives on the New Year’s theme of fresh starts and resolutions, but is this the reality, or is it simply a media trope designed to capture attention?
Whilst entering a new year may inspire people to reevaluate their lives, the idea of “Divorce Day” is more fiction than fact. The Ministry of Justice’s quarterly reports for 2024 show only a 3% decrease in the number of divorce applications filed in Q3 compared to Q1. This difference is minimal; of course, there is going to be a degree of variation in applications filed throughout the year, but a difference of 3% cannot be considered significant – suggesting that the idea of “Divorce Day” is simply a narrative exaggerated by the media. Filing for divorce, like most life-altering decisions, is rarely an impulsive act (save for important exceptions, such as in cases of domestic violence); it is the result of months or even years of deliberation, emotional processing and practical planning – not a simple New Year’s resolution.
Although the idea of a “Divorce Day” is fabricated, it is clear why the winding down of the Christmas festivities may coincide with people considering separation. Be it spending a lot of time together as a family or the financial strain of preparing for the big day, the holiday period often comes with a whole host of different pressure that can increase tensions. If at any time someone finds themselves seriously questioning the durability of their relationship, it is essential to seek advice as soon as possible. That is not to say that an application for divorce should be immediately filed, as “Divorce Day” would suggest, instead, people must understand the legal implications of divorce and what this means for them personally – no two situations are the same and whilst speaking with close ones who may have been through a divorce may offer some comfort, their situation, and therefore experience, will not mirror another. Being fully informed will enable people to then reflect as to what right way forward is for them.
At Ribet Myles, we offer a fixed fee initial meeting with prospective clients to get to understand their situation and explore whether there is any possibility of salvaging the marriage – it could very well be that divorce is not the answer and the relationship could benefit from greater communication or counselling. Even where, following a period of reflection, someone does decide to proceed with a divorce, the idea of people rushing to file for divorce carries little weight since the introduction of “no fault divorce” – there is no need to be the first to blame the other’s actions as responsible for the marital breakdown, nor is there normally any advantage in being the party who files the application, subject to some limited exceptions.
The idea that the first Monday of January is “Divorce Day” is little more than a clickbait headline. It is important to remember that divorcing is a significant life event that requires thoughtful reflection and professional guidance – not a simple “new year, new me” resolution. Lawyers have a responsibility not to perpetuate sensationalised narratives like “Divorce Day”. Not only is it misleading, but it suggests that lawyers relish the possibility of securing new business at people’s expense. Instead, lawyers should encourage clients to carefully explore all available options and support them in making decisions that are in their best long-term interest. By doing so, lawyers can shift the focus from a manufactured deadline to a more thoughtful, compassionate approach to resolving relationship breakdowns, which will be of greater benefit to the family unit in the longer term.