Lawyers reveal the most common post-Christmas divorce enquiries

Divorce, sad and fight with couple on sofa for therapy, counselling and depression with conflict. Drama, fail and angry with man and woman in living room at home for fear, frustrated and decision
Law firms have seen a spike in divorce enquiries following the Christmas period. (Getty Images)

While Christmas and the New Year is supposed to be a time to cherish with family, for some it can bring the end of a relationship – hence why we now have the annual ‘Divorce Day’.

Divorce Day is said to fall on the first working Monday of the New Year, which means for 2024 it will fall on January 8 as January 1 is a bank holiday.

It has been coined as such because there is said to be a spike in divorces at the beginning of January as some couples realise that they might want to make a change for the year ahead.

In fact, recent research from litigation law firm, Stewarts, over the past three years has found that divorce enquiries spike in January, towards the end of the Christmas holiday period.

"In our experience, the intensity of the Christmas holiday period can place an already struggling marriage under even more strain, whether children are involved or not," Sarah Havers, Senior Associate in the Divorce and Family department at Stewarts, says.

"This, followed by the commencement of a new year, can understandably give some couples cause to reflect and reevaluate the future of their relationship."

sad young lady removing her wedding ring after divorce decision
Divorces tend to spike in January and September each year. (Getty Images)

In 2023, Havers says Stewarts saw 58% more divorce enquiries and 61% more in September – after the summer holidays – than in the months in between.

"Whilst the intensity of the holiday periods over Christmas and the summer seem, in our experience, to be contributing factors to the breakdown of marriages already under strain, the spikes in new enquiries suggests that a (perhaps quite British) mentality of a fresh start for the New Year or, the new school year, persists," she adds.

"For many this may be for very practical reasons – children at school and out of earshot to make initial enquiries of a lawyer, a long school holiday that shows the cracks in a relationship or older children leaving the nest entirely."

Most common post-Christmas divorce reasons

So what are the leading reasons for divorce enquiries after the Christmas period?

Emma Collins, partner and family law expert at national law firm Weightmans, says there are four common reasons for divorce enquiries after Christmas, including stress from the festive period and spending an extended period of time together. We detail the main reasons, below.

Christmas stress

"From Christmas to New Year stress is often at an all-time high," Collins explains. "Financial pressures, work commitments and relationship issues can often seem much worse than they are, which can lead to many people feeling overwhelmed by the time January comes around – having a negative impact on relationships."

Financial pressure

Collins says that financial pressures can be ‘magnified’ at Christmas, especially as we face an ongoing cost of living crisis.

"There is a lot of pressure when it comes to purchasing gifts, attending Christmas parties, Christmas markets and events which can lead to immense financial pressures within a relationship," she adds.

Woman holding stack of Christmas gift. New Year or Christmas concept.
The financial pressure of Christmas gifting can sometimes cause rifts over the festive period. (Getty Images)

New Year’s resolutions

"That feeling of ‘New Year, new me’ can have a huge impact on couples wanting a fresh start and form plans to separate from their partners," Collins says.

"January can be a time when people have ‘sudden realisations’ when contemplating the year ahead and what’s to come."

Alternatively, she says that couples who may have already been separated for a period of time decide that the New Year is a good time to get proceedings started.

Extended time together

Couples tend to spend an extended amount of time together over the Christmas period, and are mostly free from work distractions – but this can sometimes lead to a decision to separate.

"This prolonged period spent together can often lead to some couples getting fed up or frustrated with one another and wanting some time apart," Collins says.

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