Divorce Day

Posted on 04 Jan 2017

Solicitors across the country are expecting to receive a spike in divorce and separation enquiries in the New Year. This may appear to be at odds with the notion that the Christmas and New Year celebrations is a period when we enjoy spending time with our family and loved ones. Unfortunately, the New Year is a peak time for marital break-ups with many seeking advice from divorce solicitors in North Wales.

The first working Monday of the New Year is now known as Divorce Day, according to family law expert Sara Lloyd Evans, of leading law firm Swayne Johnson which has six offices across North Wales and Cheshire. She said “ There are many reasons for this marked increase in divorce enquiries straight after Christmas.”

Christmas is stressful and expensive and the way we approach the festivities have changed. People often take two weeks off for Christmas, rather than the traditional three days and this can lead to a buildup of frustration and stress. In many cases, people may have been contemplating breaking up long before Christmas- however, the strain of the holiday season may be the last straw for some couples who are experiencing difficulties in their relationship.

Although there is a marked increase in those seeking advice on divorce and separation in the New Year, this does not necessarily translate into a marked increase in the numbers of divorce petitions being issued at court.

Sara said “When advising a client who is making enquiries about separating and divorcing, especially in the New Year, I would advise people to think carefully and would even suggest a cooling-off period or possibly seek advice seeking help from organisations like Relate.”

Across the country, the overall divorce rate is decreasing. But divorce in couples over the age of 60 is on the increase. According to the Office of National Statistics in 2001, 4.6% of men and 2.6% of women who divorced were aged 60 or over. By 2013 this had risen to 8.6% and 5.4% respectively.

Sara said; “This trend is reflected in North Wales and across our offices, we are seeing an increase in enquiries from the over 50s and we expect this to continue”.

This category has earned itself the title of “Silver Separators”. But why are these ‘Silver Separators’ bucking the downward trend?

Sara said, “Divorce does not carry the stigma it once did. People live longer and they start to debate why should they remain in an unhappy marriage for another 20 or even 30 years. No doubt, the ‘empty nest syndrome’ is another possible explanation, together with the likelihood that any children of the marriage are likely to be older.”

The changing face of divorce brings new challenges to the family law practitioner. Sara said “It is important for a family solicitor to understand not only the financial aspect of divorce but also the emotional trauma that separation brings. This is true for anybody who is facing divorce, but there is no escaping the fact that if a client is over the age of 60 and possibly being faced with the prospect of divorce and separation that came as a surprise to them, the impact can be staggering. The older you are the less opportunity you will have to replenish assets and any income that may have been transferred as a result of divorce or separation. Rehousing is critical and plans of retiring in a nice house, with no mortgage, and having a comfortable pension become diverted. Therefore, it is vital that legal advice is obtained at the earliest opportunity, because whatever your age or circumstances when facing divorce or separation it’s always advisable to use a specialist family lawyer.”

For more information contact Sara Lloyd Evans who is based in the Bangor offices and Llandudno offices of Swayne Johnson on 01492 876271 or contact us.

By Sara Lloyd Evans – Based at our Llandudno and Bangor offices, Sara is a fluent Welsh speaker and a member of our Family Department. A specialist on the Children Act and adoption proceedings, Sara has been involved in advising and leading on Serious Case Reviews, Domestic Homicide Reviews, as well as Child Practice Reviews. She has a keen interest in safeguarding children and adults.