Is January still ‘Divorce Month’?

Posted on January 12, 2026

Traditionally in the first working week of the year family solicitors would report a noticeable surge in business for separation and divorce, but is that still the case or is it just when enquiries are made as potential clients look to make New Year resolutions about significant life changes?

The media have even coined the terms “Divorce Day” (typically the first Monday after New Year) and “Divorce Month” to describe this pattern.

But what drives this trend, how “real” is it, and how should those thinking of separation approach it?

“We do find we still get lots of enquiries at the start of the year, perhaps families stay together for that last Christmas, or the festive break is the final straw in a failing marriage, or it’s very much a New Year new start approach, whatever the reason we find that often clients want some initial advice and then quite rightly need time to reflect and so those January enquiries tend to turn into instructions later in the year. Or if the process begins in January, then separation and divorce come into effect spring or early summer,” said Divorce Solicitor and Head of Family Law at Pearson Solicitors, Emma Kendall.

The festive season always brings added stress, with extended family gatherings, children at home, financial outlay for presents and travel, and the expectation of a “happy” family time. These added pressures often bring underlying relationship issues to a head in the new year.

No fault divorce

The Divorce, Dissolution and Separation Act 2020 (effective from 6 April 2022) removed the “fault” requirement, or blame culture associated with divorce. With the no-fault regime now fully operational we are seeing its effects and according to the Office for National Statistics in 2023, 74.2% of divorces (76,164) were granted under the new-law process and not having a blame culture can help a family to heal moving forward.

However, even if a no-fault divorce commences in January there is a minimum of 20 weeks from issue of the divorce at Court to conditional order, so, as Emma says, it’s early summer before clients actually finalise their divorce.

Consider divorce

If you are considering separation and divorce, then it pays to be prepared ahead of the first meeting with your divorce solicitor.

“I have had clients return to me to file for divorce over a year after our first chat,” said Emma Kendall.

“I always try to be realistic about the outcomes and remind clients about the implications for children, finances, pensions and family homes in our first meeting. At the same time, I make them aware of the waiting periods under the new law, the importance of timing looking at the tax-year and school terms, as well as considering that earlier counselling and alternative despite resolution might be beneficial.”

For those clients who do visit a solicitor and are ready to make that fresh start in January, Emma and the family law team at Pearson Solicitor advise clients to:

Gather information: Financial records, bank statements, pension details, and property deeds, as beginning this early helps later.
Consider the children: If there are children, think about how the separation will be communicated, and how co-parenting might work post-separation.
Seek legal or mediation advice early: The earlier you understand your rights and options (including mediation instead of court) the better your position.
Don’t rush purely because of the calendar: While January may feel symbolic, it doesn’t have to define your timeline. Good decisions are better than fast ones.

January may have earned its reputation as a trigger point, a time when many relationships reach a tipping point and couples begin to explore separation, but the formal process is likely to extend well into the spring/summer. If you’re considering divorce and separation, it’s always wise to talk to a qualified family-law professional early in the process.

How can we help?

For legal advice on divorce or separation including finances and children contact our specialist Family Law Solicitors on 07161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.