Heightened January divorce rates

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Are heightened January divorce rates a serious case of the January blues?

For some married couples, January will be a time when they resolve to try and save their marriage. With help and support from the right professionals, family and friends, many will succeed.

Sadly, this will not be the case for everyone and divorce lawyers tend to see an increase in new instructions at the start of the year.Despite what you might read in the press, it is not usually the result of tensions that have arisen over the festive period that bring about more divorce cases. For many couples, particularly with children, the decision to divorce would have been made well before Christmas, but for the sake of the children they have held off doing anything about it until after the festivities.

Many couples will simply grow apartand often the breakup of a marriage will be down to both parties. However, current divorce law requires one of the parties to prove that the marriage has irretrievably broken down based on one of the five statutory facts. The first three facts involve one spouse having to blame the other for the breakdown of the marriage based on their adultery, unreasonable behaviour, or desertion for two years. The remaining two facts, require a period of separation of two years (with consent) or five years. Plainly, the law needs to be changed so that one party does not have to blame the other or alternatively wait until they have been separated for two or five years to get a divorce.

As members of Resolution, the family team at Longmores aim to deal with matters as amicably and swiftly as possible so as to ensure that minimal tension arises between the parties.Despite the current system, by adopting a pragmatic approach, a divorce can still be obtained without causing acrimony and upset. Most couples will achieve this by simply approaching the process as a means to an end and agreeing the basis on which the divorce is to be obtained.

If you need advice or assistance regarding any Family Law matter, then please contact our Partner and Head of Divorce and Family law, Tracey Dargan.

Please note the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.