The first working Monday after Christmas has been dubbed “Divorce Day” in the media due to the reported surge of enquiries about divorce family law solicitors receive at this time of year.

So why is there a spike in divorce proceedings in January? There appears to be a few explanations as to increased enquiries at this time of year; there may be increased financial strain on couples at Christmas and tensions can be high at this time of year. Alternatively, couples often make the conscious decision to delay initiating divorce proceedings until after the festive period.

Can I get a Divorce?

In order to obtain a Divorce you will need to prove that your relationship has “irretrievably broken down”. This can evidenced by one of the following grounds;

1. Lived Apart For 2 Years

If you and your spouse have lived apart for two years or more and you both consent to a Divorce, you can proceed on this basis.

2. Lived Apart For 5 Years 

If you and your spouse have lived apart for over 5 years you may issue Divorce Proceedings and you will not require your spouse’s consent to do so.

3. Unreasonable Behaviour

You can issue Divorce proceedings if your spouse has acted in a way in which you cannot reasonably be expected to live with them.

4. Adultery

You can issue Divorce proceedings if your spouse has had a sexual relationship with another person

5. Desertion

If you spouse has deserted you i.e. Left without your agreement. You may issue divorce proceedings 2 years from the date they deserted you.

If you are considering issuing Divorce proceedings it is essential that you seek legal advice as soon as possible. At HHD solicitors, our Family Law solicitors have specialist knowledge in handling divorce proceedings in order to ensure that you obtain the best possible outcome. If you need any further advice please get in touch on enquiries@hhdsolicitors.com or 028 90770770