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Is January really the “Divorce Month” ? Think again

5 min read

For some, while the new year brings in resolutions including diets, “dry” January, and personal goals, they can also include consideration of divorce. Lawyers have often referred to January as the Divorce Month, following a usual trend of post-holiday divorce enquiries during January.

It has been recorded that many countries around the world have a noticeable increase in divorce filings and enquiries or consultations with family lawyers during this month. Although this does not necessarily mean that January itself causes marriages to break down, the festive period can place additional pressure on relationships that may already be experiencing difficulties.

Before and during the festive season, the stress and pressure of an already strained relationship can become exacerbated. Couples may therefore delay taking legal advice or filing for divorce until after the festive period to avoid disruption to the family unit, particularly when there are children involved.

Reasons for Divorce in January

There may be many reasons for the breakdown of a marriage, and each one may hold a timeline as to when it is felt that the marriage has inevitably broken down. Reasons for divorce can include:

  • A breakdown or lack of communication between the couple
  • Lack of compatibility or respect for one another
  • Lack of intimacy
  • Infidelity or other forms of betrayal
  • Abuse or neglect
  • Substance abuse
  • Conflict of views
  • Cultural differences
  • Health-related issues
  • Work-life balance concerns
  • Growing apart over time

Each case requires different approaches, and seeking advice from an experienced family lawyer is essential.

New Year Resolutions and Marital Problems

With New Year resolutions running rife and taking over the headspace, people often believe that the start of the year would be a good time to address any marital problems, especially if they have been longstanding.

For some individuals, the beginning of a new year can provide an opportunity to reflect on their relationship and consider whether they wish to continue with the marriage or explore separation or divorce. However, this may not always be the right time to make an immediate decision. In some instances, couples may require a cooling-off period after the highs and pressures of the festive season. This is something that can be explored with a family lawyer.

For others, a fresh start may be what is required, especially where issues have continued for some time and one party decides that it is time to take action and seek greater stability or happiness following longstanding marital difficulties.

Financial Considerations and Divorce Planning

The end of the year often involves an evaluation of family finances, including bonuses, expenses, savings and other financial commitments. This financial review may influence the decision to plan for a divorce or separation in January, as it aligns with a period when individuals are already considering their financial position and future plans.

Before taking steps towards divorce, it is important to understand the potential financial implications, including the treatment of assets, property, debts, maintenance and other financial responsibilities. Obtaining early legal advice can help you understand your position and make informed decisions about the next steps.

Emotional, Financial and Family Implications of Divorce

Filing for a divorce is a serious and challenging life step. You could be feeling the need for freedom and independence, which Divorce may bring you; however, it is also important to consider other factors including the negativity that such a step may entail.

It may affect you emotionally and psychologically, which can cause stress, depression, guilt and loneliness. It can create financial stresses, including supporting two households, unexpected legal fees, other costs and potential debt. It will most certainly also impact your children by having a profound effect on their mental wellbeing.

Where children are involved, it is important to consider their needs and wellbeing when making decisions about separation or divorce. Issues such as custody, living arrangements, financial support and the ongoing relationship between the children and both parents may all need to be considered.

The Importance of Specialist Divorce Advice

Another reason for the increase in divorce enquiries during January may simply be the increased availability of information and discussions around family breakdown following the festive period. However, the importance of obtaining specialist advice when going through a marital breakdown cannot be emphasised enough.

It may be that, to ensure that you are aware of your rights, entitlements and even obligations, you require an initial consultation with a family law specialist. This will provide you with the legal basis for your case and help you understand the potential consequences of any actions you are considering.

For expatriates living in the UAE, it can be particularly important to obtain specialist advice because questions surrounding nationality, residence, applicable law and jurisdiction may add complexity to divorce and family law proceedings.

Expert Divorce and Family Law Support

At James Berry & Associates, we possess a wealth of legal expertise to assist you in navigating a divorce or any family issues. We offer a comprehensive service to help you through this difficult time and provide advice tailored to your individual circumstances.

If you are considering filing for divorce, separation or simply wish to understand your legal rights and options, our experienced family law team can provide the guidance you need before you make any decisions.

For further advice in relation to any Family Law matter, please contact our family law department on [email protected]  or Dee Popat on [email protected]