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Every January, the same question resurfaces: is there really a “divorce season”?
From the perspective of someone who leads a UK Family Law department acting predominantly in matters with a cross-border element, the short answer is yes, but the more interesting question is why.
I have analysed and scrutinised our internal divorce data for the last five years and compared it against wider industry trends. The findings are consistent and telling.
While January shows only a moderate increase (around 10–15%) in divorce proceedings when compared with the annual average, the contrast with December is stark. January consistently sees around a 50% increase in divorce instructions compared with December, which remains the quietest month of the year.
This is not a coincidence. December is rarely a time for decisive action. For many couples, particularly those with children, it is about maintaining stability, protecting family traditions, and getting through the festive period with as little disruption as possible. January, by contrast, becomes the point at which difficult, but considered decisions are finally taken.
For international couples, these decisions are rarely straightforward.
A Client Question I Hear Often: “What Is the Biggest Mistake People Make When Divorcing?”
Without hesitation, the most common, and most damaging mistake is approaching divorce with the wrong mindset.
In many cases, particularly where children are involved, divorce does not mean the end of interaction with a former spouse. It means change. Parents will often continue to co-parent, communicate, attend important milestones, and make joint decisions long after the legal process has concluded.
Approaching divorce as a battle to be won can make those future interactions unnecessarily difficult. From the outset, where possible, we encourage clients to focus on finding a solution that works for the family as a whole and is fair, rather than one that simply feels vindicating in the short term.
Unfortunately, fairness looks different across borders. One of the defining features of international divorce is that fairness is not universal.
What is considered a fair division of assets in England and Wales, where the court’s primary focus is often on the needs of the parties, may look very different in another jurisdiction. In some countries, nuptial agreements carry decisive weight. In others, business assets or inherited wealth are treated in a fundamentally different way.
“When Is the Best Time to File for Divorce?”
This is another question clients ask regularly, and it is an important one.
From a strategic perspective, timing can matter, particularly in international cases where jurisdiction can affect financial outcomes, child arrangements, and enforcement. However, strategy rarely takes precedence over personal realities such as emotional readiness, the needs of children, immigration status, and business pressures.
‘’Why International Divorce Is Inherently More Complex’’
International divorce often involves international businesses, assets in multiple jurisdictions, and may involve relocation, cross-border parenting arrangements, and questions around the most appropriate forum. Often there is more than one expert that will be required to help to make the best decision in respect of timing, forum, overall strategy.
The Value of the Single Solicitor Service
Where circumstances allow, and where both parties can engage constructively, the single solicitor service can be significantly quicker, more cost-effective, and less adversarial. For couples committed to finding a fair solution together, this approach can be:
- Significantly quicker,
- Considerably cheaper,
- Less adversarial,
- Better aligned with the long term co-parenting.
Final Thoughts
January may be the month when divorce numbers rise, but for many families, it is not about impulsive decisions. Taking the next step after a period of emotional endurance, is not something that comes easy, regardless of when the decision is made it is incredibly important to ensure that is not rushed and appropriate advice was obtained.
At IMD, we combine expertise and efficiency with a deeply personal approach. Behind every set of figures is a family trying to move forward.
