Insight
National Divorce Day is the day of the year on which family solicitors receive the most divorce enquiries. It usually takes place on the first working Monday of the new year – in this case, Monday 8th January 2024.
So why is there such an increase in divorce enquiries at the beginning of the year?
It is believed that the rise in separation/divorce/dissolution enquiries to solicitors is due to people experiencing a stressful Christmas at home and wanting to make a change going into the New Year.
So, if you find yourself in that situation, what can you do? Firstly, get in touch with a member of our team and find out what your options are. We know that ending a marriage or a civil partnership can be stressful, impacting not only you and your spouse but also any children you may have. We are here to help and to make the process as easy as possible for you. Clearly, multiple issues need to be addressed and resolved before the divorce/dissolution process can be finalised. This may include financial, property or issues related to child arrangements and child welfare. No matter what the issues that require to be resolved are, our family law team is here to help you every step of the way.
Once all of the outstanding matters are resolved, we can assist you in proceeding to divorce/dissolution of your civil partnership. There are two main types of divorce/dissolution proceedings.
- The Simplified Procedure is only available where:
- There are no children of the marriage or partnership under the age of sixteen years
- There are no financial matters to be resolved
- The parties have been separated for more than one year
- Both parties agree to the Divorce or Dissolution proceeding
- The Simplified Procedure is cheaper and quicker than the Ordinary Cause Procedure.
2. The Ordinary Cause Procedure is required whereby one party wishes to divorce or dissolve a civil partnership, and one or more of the following apply:
- The divorce is proceeding on the grounds of adultery (only available to marriage and not civil partnership)
- The divorce is proceeding on the grounds of unreasonable behaviour
- There are financial matters at dispute between the parties
- The arrangements for the children are not agreed
- A divorce under this procedure can however also be raised on the grounds of one year’s non-cohabitation with the consent of the other spouse, or whereby the parties have been separated for two years.
- This option of divorce proceedings is necessary where there are children of the marriage or partnership under the age of sixteen years.
No matter what your situation is, we are here to help. So please do get in touch and we can discuss the best course of action for you and your family.