The start of a new year often brings difficult decisions for couples whose relationships have been under strain. January is a common time for people in Scotland to seek advice about separation or divorce. If you are considering this step, it is important to understand the legal process, carefully consider the practical implications, and obtain early advice to protect your position and your family’s future.
The festive period can put relationships under significant pressure. For some couples, the quieter days that follow Christmas and New Year offer a moment of clarity. While emotions may be running high, decisions made at this stage can have long-lasting legal and financial consequences. Taking a measured, informed approach is essential.
The “Divorce Day” reality
Family law solicitors often see a noticeable increase in enquiries on the first working Monday of January, sometimes referred to as “Divorce Day”. After weeks of heightened expectations, financial pressure, and family commitments, underlying issues can come sharply into focus.
While this surge in enquiries is well recognised, it is important not to rush into decisions driven solely by emotion. Separation and divorce are major life changes. Understanding your options early on can help you move forward with confidence rather than regret.
Key issues to think about before taking action
Before formally separating or initiating divorce proceedings, there are several practical matters to consider.
Living arrangements are often the first concern. Deciding whether one person will move out and when should be handled carefully. Leaving the family home without advice can sometimes complicate financial discussions later.
It is also sensible to gather financial information early. This includes details of property, savings, pensions, debts, and income. Having a clear picture of household finances will make discussions about separation far more productive and transparent.
Where children are involved, their well-being should remain central. Minimising disruption, particularly as they return to school after the holidays, is crucial. Clear communication and stability can make a significant difference during what is often an unsettling time for them.
Understanding the divorce process in Scotland
Divorce in Scotland is governed by clear legal principles. The law focuses on whether a marriage has broken down irretrievably. This can be shown in several ways, including one year of separation with both parties’ consent, two years of separation without consent, or behaviour that makes it unreasonable to expect the marriage to continue.
Alongside the divorce itself, practical matters must be addressed. These include the division of matrimonial property, financial provision, and arrangements for children, such as residence and contact. These issues can often be resolved by agreement, but they must be handled carefully to ensure any outcome is fair and legally sound.
Why early legal advice matters
One of the most common mistakes people make is trying to manage separation on their own. Early advice from a family law solicitor can clarify your rights and responsibilities before positions become entrenched.
A solicitor can explain whether mediation may be appropriate, what a fair financial settlement might look like, and how to avoid actions that could harm your case. Steps such as emptying joint accounts, refusing contact, or relocating children without agreement can have unintended legal consequences.
Seeking advice early often saves time, stress, and cost in the long run.
Emotional and practical support
Separation and divorce are not purely legal processes. They are emotional journeys that affect confidence, well-being, and family relationships. Many people benefit from additional support, whether through counselling, mediation, or trusted family and friends.
Approaching separation with the right legal guidance and emotional support can help turn a difficult ending into a constructive new beginning. With clarity and the right support, it is possible to move forward in a way that protects everyone involved.
Why choose Pomphreys?
Pomphreys understands that family law matters are deeply personal. Our experienced family law team provides clear, practical advice tailored to your circumstances. We aim to resolve issues calmly and constructively wherever possible, while protecting your legal position at every stage.
Whether you are considering separation or divorce, or need advice on children or finances, we are here to guide you through the process with care and professionalism.
Speak to us about your next steps
If you are considering separation or divorce, early advice can make all the difference. Contact Pomphreys to arrange a confidential discussion and take the first step towards clarity and a more positive future.
Frequently Asked Questions
How long do I need to be separated before I can divorce in Scotland?
You can divorce after one year of separation if both parties consent, or after two years if one party does not consent.
Do I need to go to court to get divorced?
Not always. Some divorces in Scotland can be dealt with under a simplified procedure, depending on your circumstances.
What happens to the family home on separation?
This depends on ownership, finances, and individual circumstances. Legal advice is essential before anyone moves out or makes any decisions about the property.
Do we need to use mediation?
Mediation is not compulsory, but it can be a helpful way to resolve issues amicably, especially when children are involved.
Should I speak to a solicitor before telling my spouse I want to separate?
Many people find it helpful to understand their position first. Early advice can help you approach conversations calmly and avoid unintended consequences.
This article is by Iain Wilson
Iain Wilson, Partner
Iain Wilson graduated from Glasgow University with honours. He joined Pomphrey’s in 1997, becoming a Partner in 2004.
Iain deals with all civil court matters and specialises in Family Law, Divorce, Separation, Matrimonial and cohabitation claims, and Contact and Residence orders in relation to children.
Tel: 01698 373365
Email: icw@pomphreyslaw.com
