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The myth of 'divorce day' - being prepared to separate whatever day it is

Traditionally, the first Monday in January after the festive period is known as ‘divorce day’. Family lawyers usually see an increase in enquiries and instructions. 

However, reports today in the news suggest that this tradition is changing, and that people are now delaying formalising their separation and getting a divorce. This is not perhaps surprising with the ever-increasing costs of living and falling house prices meaning couples are worried as to how they will manage financially upon divorce.

Separating and divorcing is always a difficult decision, but the key thing is to be prepared. The more prepared you and your spouse are, the cheaper and more amicable the resolution will be. Despite what you see on TV, it is not about having your day in court!

Steps to being prepared

  1. Take legal advice at an early stage. Your solicitor will be able to explain to you the process, the law, things to consider, likely outcomes and options to help you and your spouse resolve matters away from the court arena.
  2. Consider mediation – the more you and your spouse can resolve matters, the easier and more cost-effective the process will be. An accredited mediator will facilitate discussions between you and your spouse and provide the legal information that you both need to make informed decisions.
  3. If you and your spouse are amicable and in certain circumstances, you and your spouse could instruct the same lawyer. This is known as the 'one couple, one lawyer' approach. The lawyer will be able to advise both of you and prepare the necessary legal documentation to finalise your separation.

If you are thinking of separating from your spouse and would like to discuss the options open to you, then please do not hesitate to contact one of our family law specialists.

Tags

divorce, family law, legal advice, separation, divorce day