New Year and the Increase in Divorces
The New Year is traditionally a time for fresh starts. New gym memberships, healthier routines and carefully planned diaries all signal a desire for change. Yet behind closed doors, in homes across the country, it is also when many people quietly make one of the most significant decisions of their lives. For some, this is the moment they accept that their marriage has come to an end and take their first steps to formalise ending their marriage. That's why January often sees an increase in divorces and divorce enquiries.
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Our Family Law team sees this pattern every year. The weeks after Christmas bring a noticeable increase in enquiries from people who have spent the festive period reflecting on long standing issues. For some, the pressures of Christmas bring underlying problems to the fore. For others, the symbolic clean slate of a new year provides the emotional permission to ask a difficult but necessary question...
“what do I do now?”
Divorce is rarely easy, but the first step does not have to be frightening. Understanding your options is possibly the best preparation you can make for a smooth divorce process. With the right advice at the outset, even cases involving significant assets, businesses or farms can be approached with understanding and confidence.
A New Start Begins with a Conversation
Your first meeting with a family solicitor is not about having all the answers. It is about understanding the path ahead. Many people feel nervous before that initial conversation, unsure of what they should know or bring with them. That is entirely normal. A specialist family solicitor is there to guide you, not to test you.
This early conversation is particularly important where the family finances are intertwined with a family business, farm or company structure. Business related divorces often involve layers of legal, financial and emotional complexity. Early advice can help protect not only personal interests but also future interest in the business itself.
As Teresa Davidson, Partner and Head of Family Law, explains...
“A farm or business is rarely just another asset. It is often a home, a livelihood and a legacy rolled into one. Untangling those elements sensitively and sensibly takes experience and careful planning, which is why seeking advice sooner rather than later is so important.”
What to Expect from Your First Meeting with a Solicitor
The purpose of your first meeting is simple. It allows your solicitor to understand your circumstances and priorities so they can explain the procedure and outline your options. You do not need to have every document or detail to hand. What matters most at this stage is getting a general understanding of the bigger picture.
A family solicitor will explore what matters to you, what you are worried about, and what you hope to achieve. Being open and honest, even if your goals feel uncertain or emotionally charged, helps your solicitor give advice that is truly tailored to you.
It can be helpful to reflect in advance on a few key questions, such as what you most want to protect, whether that is your children, your home or the future of a business, and what outcome would give you peace of mind.
Divorce When a Business or Farm Is Involved
Where a business or farm forms part of the family financial arrangements, your solicitor will need to understand how it operates and how it is structured. Ownership, income, and the history of the assets all play a crucial role in shaping any financial settlement.
Discussions may cover matters such as who owns land or property, whether the business is a partnership or limited company. These early conversations also help determine whether there are partnership agreements, shareholder agreements or family trusts in place which may impact the advice. In farming cases, questions often arise about whether the farming business incorporates the family home and how different generations are involved in the business.
These conversations are not box ticking exercises. They are about protecting financial security and business interests in the longer term. A poorly planned separation can have consequences far beyond the couple themselves, affecting employees, extended family and future generations.
Why not try our free Divorce Calculator?
Gathering Information and Documents
Bringing documents to your first meeting can be helpful, but it is not essential and it should never be a reason to delay seeking advice. Your solicitor may eventually need to see information such as business accounts, tax returns, pension statements, mortgage details and evidence of income. However, this can be gathered gradually.
If you are not the primary business owner, you may not have access to all the relevant paperwork. Your solicitor can advise you on how information is obtained as part of the legal process and reassure you about what can be addressed later.
Your Contribution Counts
A common concern in divorces that involve businesses or farms is whether non-financial contributions to family life made during the relationship are recognised. Divorce settlements made in England and Wales clearly reflect that they are just as relevant as financial contributions. Running a household, raising children, supporting a partner and informal contributions to the running of a business are all relevant contributions.
Courts understand that family life is rarely divided neatly into financial and non-financial roles. Your solicitor will want to understand the full picture, including unpaid work, sacrifices made for the family, and how decisions were taken throughout the marriage.
Children and Housing Come First
Where children are involved, their welfare is always the court’s primary consideration. Early discussions will often focus on where children will live, how their routines will be maintained and how housing fits into that picture.
An experienced family solicitor will help you think carefully about your family’s future, not just in legal terms but in practical, human terms. This includes how stability can be preserved during what is often a period of significant change.
Three Practical Points to Keep in Mind
There are a few simple but important steps that can help you feel more in control as you begin this process:
- Set up a secure and private email address that only you can access, ensuring confidentiality from the outset
- Make notes to help you organise your thoughts and remember key information you want to discuss
- Take care of yourself physically and emotionally, recognising that this is a period of transition
- You do not need all the answers at this stage, Just the right support
Divorces involving farms, businesses or significant assets require specialist expertise. Choosing a solicitor who understands these realities is one of the most important decisions you will make.
Your first meeting is just the beginning of a formation of a plan. With the right advice, the start of a new year can be the moment you move forward with confidence.
Winston Solicitors’ Family Law team supports clients with compassion, discretion and exceptional legal expertise. To discuss your situation with a specialist family solicitor, contact Winston Solicitors on 0113 320 5000 or email family@winstonsolicitors.co.uk.
