Divorce Day: Why is January so popular for divorces?

Divorce Day: Why is January so popular for divorces?

It is a common belief and widely reported in the media that January is the most popular time of the year for married couples to start divorce proceedings. Here, McAlister Family Law Trainee, Adele Mawdsley, looks at some of the reasons why divorce rates are known to peak after the Christmas break.

 

Does Christmas Play A Part?

One suggestion is that there is a significant amount of stress on parents to create the ‘Perfect Christmas’ for their children. One of the biggest stresses in day-to-day life, especially at Christmas time, is financial stress.

Christmas time is hard on a lot of parents financially. According to the Institute for Divorce Financial Analysis, Money issues are responsible for 22% of all divorces, which can be magnified at Christmas especially with the ongoing cost of living crisis we are facing in the UK right now.

Couples may delay divorce proceedings until the new year to avoid disruption to their family. There can be a lot of pressure on couples, at Christmas, to look and act the part for their children and families. If you take away the Christmas gloss, couples may begin to notice substantial cracks in their relationship and the Christmas period can shine a light on their struggling situation, with them glad they made it through this period. Sadly, some come to the realisation that the marriage has come to an end.

The narrative of the media is that couples have admitted to staying with their other half for their children’s sake. Further to this couples have also reported in the media that they stay together for Christmas, so the children were not disturbed during the festive season. This could be why we see a significant rise in divorces on “Divorce Day” in January.

 

What is ‘Divorce Day’?

So-called “Divorce Day” falls on the first working Monday of the new year, this year it will fall on 8th January 2024. This day is known by legal professionals as the day which reportedly sees a surge of new enquires from couples who wish to apply for a divorce after the Christmas period. Statistics show that women are more likely to apply for divorce than men during this period, with 63.1% of divorces being instigated by women.

“Divorce Day” is a term used in the media to highlight the rise in cases in the new year but, obviously, divorces are issued all year round, with spikes being seen at other notable times of the year, like September after the summer holidays, for example. The rise in cases after school holidays may be because couples spend more time together then or they may have one last attempt at their marriage, which sadly has not worked.

 

Spending time with family

Some couples find it particularly hard to be cooped up at home, spending time with extended family members that they might not be used to spending time with, at Christmas time. The Christmas period can often highlight the realisation of how family life could be and what difficulties they are facing. This can put a lot of pressure on couples and, when the Christmas dust has settled, it  pushes some couples towards separation.

 

‘New Year New Me’

Everyone has their new year’s resolutions when we enter into a new year. People want a fresh start and if their marriage is already under strain, they may form a plan to separate. therefore leading to a potential spike in new divorce enquires in January.

 

Divorce

So, what do you do if you are thinking of separation or even divorce? Get advice from an expert. Our team of specialist divorce solicitors can advise you about the divorce procedure.

The new law divorce law, which came into force in April 2022, more commonly known as ‘No fault divorce’ removes the requirement to assign blame and provide evidence of conduct or separation to obtain a divorce. This will hopefully allow your divorce to be more amicable.

 

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Peaceful co-parenting at Christmas

Peaceful co-parenting at Christmas

As the festive season is rapidly approaching, most parents are busy planning the Christmas shop, visiting Santa and ensuring that the Christmas elves know what is on their children’s wish list. Here, Amanda McAlister, Managing Partner of McAlister Family Law, looks at the stresses of separated families over Christmas and offers her top tips for peaceful co-parenting.

For separated parents, deciding how the children are to spend their time over Christmas can be extremely stressful, especially when they do not agree.  If arrangements are not finalised before the festive break, this can lead to tensions becoming even more fraught, the result being that no one actually then looks forward to Christmas, never mind enjoying it.

As expert child and family lawyers, we are starting to see a significant increase in client enquiries surrounding Christmas contact.    Such enquiries vary from how a parent can prevent the other from seeing the children, to imposing a contact arrangement that is unfair to the other.  As Christmas is the most magical time of the year, emotions are high, and people do tend to become entrenched in their positions.

I am a divorce parent with two children.  I share care with my ex-husband and therefore have experience not only as a children lawyer but also as a parent who does not always see my children on Christmas day.  I recently appeared on the BBC Morning Live programme to talk about my top tips for peaceful parenting over the festive period which are:

 

Children come first.

Remember that Christmas is about what is right for the children.  Not what is right for you personally, Grandma or Christmas routines that have previously been in place.  Children can adapt and should grow up having memories of special times with both parents.  Not just one.

 

Santa can multitask.

With notification, Santa can multitask and deliver presents to multiple addresses.

Whilst the law does not set out precise rules on how contact should be divided, the view is that children should spend Christmas with both parents.   This can be achieved by one parent having Christmas Eve until 2pm on Christmas day and the other having the rest of the time on Christmas day through to the 27th of December.  This arrangement would then be alternated the following year.

For those that don’t relish the thought of a child’s Christmas day being interrupted by going to the other parents halfway through the day, they can agree an arrangement which will involve the children spending Christmas Eve to Boxing day with one parent and then boxing day through to the 27th or 28th with the other.  Again, this is alternated.  This has always worked for my children as they then get to relax and enjoy presents for the whole day and are less grumpy on boxing day when they come to me or go to their dads.

 

Grow with the children.

Arrangements that were right for a child at 4 years of age may not be right for when they are 14.   Trying to force arrangements on older children can create further upset and distress which should be avoided.  If you have teenage children, talk to them about what would work for them.  This way they feel that they are being listened to and will actually engage in the family celebrations.

 

Christmas giving

Whilst relations with your ex may still be raw or tense, it is important that this is not seen or felt by the children.  If they know that one parent is not happy with the arrangements and makes that clear verbally or through actions, it will impact on the children’s ability to relax and have a good time.  This can have consequences in terms of how a child in the long run will recollect their enjoyment of Christmas.  Always try to buy a small gift for the children to take to the other parent’s house and encourage them to write a nice card to take with them.  That way the children feel that they have the endorsement of the parent that they are not with that day to have a good time.

 

Co-parenting can be tough but if you always have what is right for the children at the forefront of your mind you will get it right.  My son is now approaching 15years of age.  He regularly reminds his father and I that we are an “embarrassment” and “sad”.  The message that I am trying to get across, is that time flies and before you know it, they do not really want to spend time with either parent.  The creation of special memories is what life is about and finding peace is the key to that.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

A loving home – best Christmas present ever

A loving home – best Christmas present ever

One year ago, John Lewis’ Christmas advert aimed to shine a light on the importance of foster carers, yet new figures from OFSTED have shown a loss of foster care families and an increase in children being placed far from home. Here, Nick Hodson looks at the situation and how The Department of Education plans to turn it around.

Let me take you back 12 months to the 2022 John Lewis Christmas advert. In it, a middle-aged man is on a mission to learn how to skateboard. He spends weeks trying to master this difficult skill and suffers some bumps and bruises along the way. It is revealed at the end of the advert what his hard work was all about. Along with his partner, he was expecting the arrival of a foster child, Ellie, who loves to skateboard. Ellie was nervous at first about the new house but softens when she spots the carer’s skateboard and poorly arm. His hard work was designed to make Ellie feel comfortable in her new home.

This week, new figures from OFSTED, have shown that there has been a net loss of 1,000 foster care families in the past year and a record number of children being placed far from home. Social workers have described scrambling to find friends and family to take children in urgent need of safety and reported that children are sometimes placed in hotels.

It is estimated that 6,000 new foster families will be needed to meet rising demand.

“We need a lot more foster carers,” said John Pearce, the president of the Association of Directors of Children’s Services. “You used to be able to get a place quickly for younger children. But in significant parts of the country that’s not the case anymore, and that’s driven by a significant increase in the children coming into care.”

In some cases, councils lacking local foster vacancies are sending children hundreds of miles away, breaking family and school ties. There has been a 7% increase in the number of children in care since 2019 in England. But in the past year almost twice as many households quit mainstream fostering than joined. Reasons cited include the rising cost of looking after children and older foster parents choosing to quit after the pandemic.

 

The Department of Education is launching a £27m recruitment and retention programme, which began in September in the north-east, where demand has soared, and will spread to more than half of England’s local authorities from next April.

One of the joys of representing children is seeing the impact of a positive foster placement on the child’s wellbeing. It can provide them with the safety, stability, and love that they might been deprived of by their birth families. For older children, it can give them the best platform to enter adulthood.

Let us hope that the new campaign will bring the thousands of new families into the fostering system and that many more children like Ellie can live in safe and loving homes.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Back to school – choosing a school between separated parents

Back to school – choosing a school between separated parents

This time of year, Instagram is full to the brim of ‘first day of school’ pictures, whether it’s a brand-new school or little ones progressing to the next year. But choosing which school a child attends, especially between separated parents, can be an exceptionally difficult process. Here, Ruth Hetherington looks at what the Court may decide if separated parents can’t see eye to eye.

 

A child’s first day of school is no doubt a big day, whether it’s their first experience of school or going back after the holidays. It is the start of something new for both parents and for the child, a new chapter, either the start of their life in education or progression onto the next phase

The decision of which school a child shall attend is of fundamental importance.  It will hopefully provide stability and security for the child during their childhood, and it will

no doubt shapes the child so as to inform their own decision making as an adult.  Lifelong friendships will also be formed and therefore how your child progresses through their informative years of education can be a difficult and stressful decision for parents, particularly if there are separated and have different views on how their child should be educated.

 

Despite the importance that surrounds the decision of which school a child shall attend, sadly it is all too common for one parent to unilaterally make that decision which can be wholly wrong and at times unlawful.   If both parents share parental responsibility, they then have a right to have a say in the decision-making process of how and where their child should be educated.  This can often be an arduous task for parents, especially if one parent attempts to enrol a child into a school where the consent of the other parent has now been sought or secured.

If you share Parental Responsibility with the other parent , you should consult each other in respect of big decisions that relate to the wellbeing of your child. The decision of which educational placement a child shall attend is a decision where both parents’ views should be ascertained with careful consideration being given to both sides.

 

If you cannot agree which school your child is to attend, then you should make an application for a Specific Issue Order.  This means that the Court is being asked to make the decision for the parents.  If one parent tries to make the decision unilaterally, then you could be faced making an application to the Court for a Prohibited Steps Order, preventing the enrolment of your child in the chosen school of the other parent..

If the decision  relating to a child’s school are put before the Court, the matter then becomes a question of what is best for the child and not what is best for the parents. The Court’s primary consideration will be the needs of the child having  regard to the Welfare Checklist (s.1 (3) Children Act 1989) when reaching their decisions. A change of school will undoubtedly bring disruption and upheaval to a child’s life. Their support network and friendships may be broken especially if any change requires either party to relocate.  Relocation brings another added complexity to these decisions, as they may also affect the time that one parent spends with their child.  These decisions should not be taken lightly and wherever possible an agreed approach between the parents is preferable to a Court making the decision.  However sadly we see this scenario on a regular basis and detailed and clear legal advice is also crucial.

 

The above issues identified are simply the ‘tip of the iceberg’ and of course there are other factors to consider including the ascertainable wishes and feelings of the child, dependant of the age of the child. But they demonstrate why big decisions need and require careful deliberation with the views of both parents being respected and considered.

Children born out of wedlock and separating parents

Children born out of wedlock and separating parents

The Office for National Statistics have recently reported that the majority of children born in 2021 in England and Wales were born out of wedlock. Here, Weronika Husejko looks at what protection is in place for unmarried couples with children should they decide to separate. 

The ONS recently reported that approximately 51.3% of children were born to parents that were not married or in a civil partnership.

Whilst there has been a steady increase in children born out of wedlock over the last decade, it appears that this recent spike has been directly impacted by the COVID-19 lockdown. During the lockdown, many couples were prevented from marrying and entering into civil partnerships. As a result, far more children were born to unmarried parents.

What significance does this have?

The main impact of this trend is upon separation. This is because unmarried couples do not have the same legal protection as married couples when they decide to end their relationship.

Unfortunately, no length of cohabitation results in a married legal status. Common law marriage does not exist in  England and Wales.

It is important that parents are aware of the fact that there is different financial provision upon separation for those who are unmarried. For example, married couples are entitled to apply to the Court for various Orders which unmarried couples cannot, such as spousal maintenance.

What can you do to protect yourself?

You may consider putting together a cohabitation agreement. This is an agreement between two people that decide to live together as a couple which can cover various areas including finances and child arrangements.

This type of agreement can also provide for finances upon separation. Unmarried parents can still be entitled to child maintenance and may be able to apply for various financial Orders in respect of the child from the other parent under Schedule 1 of the Children Act. However, a cohabitation agreement can provide unmarried parents with additional protection and certainty as to what the arrangements should be, both financially and with regard to arrangements for their child,  in the event that the relationship ends.

It is essential that unmarried parents obtain legal advice upon separation in relation to their children and their options for financial support.

Choosing a new school – what if separated parents don’t agree?

Choosing a new school – what if separated parents don’t agree?

This week we’ve seen Instagram full to the brim of ‘first day of school’ pictures, whether it’s a brand-new school or little ones progressing to the next year. But choosing which school a child attends, especially between separated parents, can be an exceptionally difficult process. Here, Paul Reay looks at what the Court may decide if speared parents can’t see eye to eye.

 

A child’s first day of school is no doubt a big day, whether it’s their first experience of school or going back after the holidays. It is the start of something new for both parties, for the child, a new chapter, either the start of their life in education or progression onto the next phase. For parents, it is potentially the end of what has been an extremely demanding summer holiday. No doubt, if the camera turned to take a picture of the parent waving off their beloved child, there would be a glisten in their eye at the prospect of being able to have 10 minutes peace.

 

The decision of which school a child shall attend is of fundamental importance. It is the reality that a child will form close bonds with their classmates, some who could go on to become friends for life. I know from my own experience that the majority of my closet friends I met at school became lifelong friends, some of which became my best man and groomsmen.

 

Despite the importance that surrounds the decision of which school a child shall attend, sadly it is all too common for one parent to unilaterally make that decision which can be wholly wrong and at times unlawful. Separated parents can often become stuck when making the all-important decision, especially if there are differences in Parental Responsibility. If you share Parental Responsibility with your spouse, you should consult each other in respect of big decisions that relate to the wellbeing of your child. The decision of which educational placement a child shall attend is a decision where both parents’ views should be ascertained with careful consideration being given to both sides.

 

In the circumstance where both parents share Parental Responsibility, but one parent has made the decision on which school the child should attend, without the input or consent of the other, it could be demand unlawful.

Only this week, I was required to issue an urgent application to the Court, seeking a Prohibition Steps Order, preventing a Mother from removing a child from his long established place of education, just because she wanted to up-sticks and move to another part of the country with little or no notice given to my client. Despite raising his opposition to any proposed move his views were not respected, sadly discarded instantly, which happens all too often between separated parents.

 

If matters relating to a child’s school are put before the Court, the matter then becomes a question of what is best for the child and not what is best for the parents. The Court’s primary consideration will be the needs of the child and will have regard to the Welfare Checklist (s.1 (3) CA 1989) when reaching their decisions. A change of school will undoubtedly bring disruption and upheaval to a child’s life. Their support network and friendships may be broken especially if any change requires either party to relocate. Geography may require any previous agreement to be tweaked and if it is going to be the case that the child can’t see a parent often, then discussions need to be had about how this is managed; does the child have time in the school holidays, do they have the full week in the October half term?

 

The above issues identified are simply the ‘tip of the iceberg’ and of course there are other factors to consider including the ascertainable wishes and feelings of the child. But they demonstrate why big decisions need and require careful deliberation with the views of both parents being respected and considered.

How are holidays divided between separated parents?

How are holidays divided between separated parents?

How holidays are divided between separated parents can often be a real concern, but what if parents cannot come to an agreement? Here, George Wilson looks at the factors that the family court will take into consideration when deciding what is in the best interest of the child.

How holidays, be those of a religious nature, linked to the school calendar, or something else, are divided can be a real concern for many separated parents. Many parents have struck a balance in terms of agreeing where, and with whom, a child will spend such holidays. However, sometimes separated parents will look to the family court to decide and help them, and their children. It is first important to note that any determination that the court makes in regard to holiday arrangements will take into account the specific facts of each individual case and look squarely at what is in each child’s best interests.

Often, parents who live close to one another can often reach an agreement between themselves, whereas parents who live many miles away from one another will simply not be able to achieve such an outcome. It is almost impossible to say, with any certainty, how the court would deal with each individual case without a full knowledge of the child(ren) involved, the history of the parents, and any arrangements that are already (or have been) in place. It is possible to provide some insight as to how the court might deal with certain holidays.

In terms of the school holidays, separated parents must consider the summer holidays, Easter, and half-terms.

Often, the summer holiday (being the longest school holiday) will be split on a week on, week off basis, so that there is some routine for the child(ren) concerned and so that both parents are able to spend adequate time with them. That being said, in some cases it may be that a week with each parent, and then two weeks with each parent, may work better due to overseas travel or other plans. It is rare for the summer holidays, assuming they are 6 weeks long, to be divided down the middle on 3 weeks on, 3 weeks off basis. In circumstances where one parent has not spent extended duration’s of time with the child(ren) for a long period, it may be that the court determines that there is some form of stepped plan to arrive at prolonged holiday contact.

In relation to the half-terms, many parents will simply agree to have a set half-term holiday, with the other parent taking either the remaining two holidays or agreeing to take one and divide the third. Other parents may opt for an equal division of all of the half-term holidays, with a handover of the child(ren) taking place at some point during the holiday itself. It really does boil down to what is in the best interest of the child(ren).

Easter and Christmas are slightly more complex given the religious nature of the holiday(s). Easter is often divided in the same way that the summer holiday might be dealt with, with each parent taking a set period of time with the child(ren) depending on working plans and what is best of the child(ren). Christmas can cause further issues given that the holiday is held in such importance for many people. A further blog could be written on Christmas holiday arrangements in isolation; however, many parents will opt to alternate between Christmas and new year on an annual basis. Be sure to look out for a further blog in relation to how such an arrangement might be workable closer to the festive season.

Where specific arrangements for holidays have been put into place for holidays, the usual arrangements will normally be suspended as to provide both parents with sufficient time with the child(ren), and free from the requirement to make the child(ren) available to the other parent.

Holidays are a complex issue, that many parents overlook when reaching an agreement in relation to spending time with their child(ren). It is important to consider the importance of holidays, and how child arrangements will be worked and amended around these periods. Should you wish to discuss matters involving child arrangements around the holiday periods, do not hesitate to contact a member of our specialist children team.

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