Family lawyers see an increase in the amount of divorce enquiries that they receive in January.
Dubbed “Divorce Day” the first Monday back after the Christmas break sees a peak number of calls by people wishing to bring their marriages to an end.
Any issues within relationships come to the forefront amidst high expectation leaving people to reassess their relationships. In 2019 there were 36 people who submitted divorce petitions online on Boxing Day with 455 being submitted between Christmas Day and New Year’s Day.
With the Courts currently experiencing extreme backlogs of petitions it is estimated that a straightforward divorce can now take up to 12 months to finalise.
Although the divorce can be dealt with online, the issue of financial matters arising as a result of this cannot, and this can be exceptionally complicated. It is always recommended that you take specialist legal advice as errors or mistakes could leave you open to potential claims in the future.
Complicating factors can be what is to happen to each parties’ pension, how should the equity in the property be divided and should there be any on going maintenance provision. Of course, the most important issue of the children must also be considered. Left without any final conclusion can see the parties to the marriage be at risk of the other party having the ability to claim against their assets at any point in the future. This may not be successful but defending such a claim can be costly and time consuming. It is possible to dismiss any claims in the form of a Consent Order which would prevent either party from making any future claims against the other.
If you would like further advice and assistance regarding this issue or any other issue arising following a relationship breakdown please do not hesitate to contact Nowell Meller at either our Stoke on Trent office on 01782 813315 or our Stafford office on 01785 252377 or by email to sarah.thomas@nowellmeller.co.uk. Our specialist Family Team offer advice and representation. Contact us now to book your free initial consultation to discuss the options available to you.
