06 January 2025
Financial burdens, heightened expectations, and prolonged family interactions can push already fragile partnerships to their breaking point. It is no wonder then that January has earned the reputation of “divorce month,” witnessing a spike in inquiries to legal professionals for assistance in navigating separations and divorces.
However, divorcing doesn’t have to be a contentious battle. Family lawyers specialising in guiding couples through the process emphasise that divorce can be approached with cooperation and respect. The recent implementation of the Divorce, Dissolution and Separation Act marked a significant shift towards ‘no-fault’ divorce, aiming to reduce conflicts and promote amicable resolutions. This legislation has streamlined the divorce process by eliminating the need to assign blame, focusing instead on practical solutions especially concerning financial settlements and child arrangements.
While these reforms have been positively received, the divorce process still poses challenges. The minimum timeframe for divorce stands at 26 weeks, but disputes over finances or childcare can prolong this period. Seeking professional legal advice is crucial during this time, ensuring fair financial settlements and protecting the interests of both parties, particularly when children are involved.
Despite statistics showing a significant number of divorcing couples going to court without legal representation, experts caution against this approach. Legal support not only ensures equitable outcomes but also reduces stress and expedites agreement resolutions. Advisers stress the importance of formalising financial agreements through a legally binding consent order to prevent future disputes and secure financial stability post-divorce.
Financial consent orders, which lay out the division of assets including property, savings, pensions, and ongoing financial maintenance, are essential for closing the chapter on financial claims between ex-spouses. Child maintenance arrangements, although separate from financial settlements, ensure the continual financial support for children over time.
As the festive season concludes, January may mark a critical juncture for many couples facing difficult decisions. Yet, with adequate support and a collaborative mindset, the journey through divorce can be navigated with mutual respect and understanding. Planning ahead, discussing arrangements amicably, and seeking professional guidance are key steps towards achieving a smoother transition during what can be a challenging time.
We're here to assist you during the process of separation and divorce. We recognise the difficulties you face during this emotional time. Contact our Family Law department to book an appointment.
This is not legal advice; it is intended to provide information of general interest about current legal issues.
