The festive season is often thought of as a time of joy and togetherness by many, but in reality, it can also lead to a marked increase in family law cases too.

In the UK, the period from late December to January commonly sees a notable rise in calls to family solicitors, spanning issues such as divorce, domestic violence, and child custody disputes, what with the increased pressure to maintain harmonious relationships during Christmas and New Year amplifying underlying tensions.

But, through careful understanding of why this happens, the legal sector can enhance their offerings and ability to respond to families in crisis, supporting every member in the best way possible and helping them to navigate such challenging times.

To do this, it’s important to drill down into those all-important contributing factors, beginning with…

 

The Christmas pressure and rise in divorce filings

Statistics from the Ministry of Justice and Resolution indicate a significant spike in divorce inquiries right after the holiday period, so much so that January has earned the nickname “Divorce Month” amongst family lawyers, with the first working Monday after New Year’s being informally dubbed “Divorce Day.”

The has come about because the Christmas season often acts as a catalyst, where couples facing underlying relationship issues may experience heightened conflict due to financial strain, family obligations and the weight of societal expectations for a “perfect” family holiday.

Furthermore, families might overlook the need to resolve issues as they focus on the festive spirit, but once the holiday euphoria wears off and reality sets back in, it can prompt couples to confront their difficult truths.

Dr. Liz Trinder, a family law researcher at the University of Exeter, supports this theory, with her notes on societal expectations highlighting that maintaining an outwardly happy family unit can worsen marital issues, and that the impact of prolonged holiday exposure, coupled with the New Year’s reflection on life goals, leads many to pursue divorce as they seek a fresh start.

 

Domestic violence increases

Another factor that contributes to the rise in family law cases over Christmas and New Year is the spike in domestic violence incidents, where national domestic violence charity Women’s Aid reports an annual increase in calls to their helpline over the Christmas period due to the combination of financial pressure, alcohol consumption and close quarters with family members.

Sadly, this can lead to heightened emotions and increased incidences of abuse, and a study from the Office for National Statistics (ONS) further highlighted the uptick in domestic violence cases reported to the police between December and January, particular with a sharp rise on Christmas Day itself.

For families already struggling with domestic abuse, the Christmas period can be particularly dangerous, and so legal services must remain alert to the seasonal increase in abuse cases to ensure timely support and intervention.

 

Child custody disputes and holiday arrangements

The impact of the festive season on children’s wellbeing is a further area of concern within family law, whereby for separated families, the pressure to divide holiday time can be intense.

Because of this, courts and family law services often find themselves handling disputes related to child custody and visitation rights during Christmas, and disagreements over holiday arrangements can quickly escalate into larger custody battles which can place additional strain on children and families.

According to The Children and Family Court Advisory and Support Service (Cafcass), there is a  regular influx of cases in early January as unresolved custody disputes from the holidays surface, with their data reflecting that conflicts over visitation rights and/or travel arrangements, can lead to an increase in applications to family courts.

As a result, rather than fostering a spirit of unity, the holiday period can accentuate longstanding grievances as parents seek to create a specific holiday experience for their children.

 

Financial strain

Economic hardship is a common theme during Christmas, and as the Bank of England estimate that British households spend on average, around £800 more in December, the festive financial stress is one of the leading causes of family breakdown.

This can become a significant burden for many households, and with inflation continuing to impact the cost of living, families may feel even more pressure to meet holiday expectations.

As a result, turning to options such as payday loans, increased credit card use or even getting into debt, becomes the only choice, and naturally becomes a vicious circle as the new year means that funds needs to start being paid back.

 

Mental health pressures

According to the Centre for Mental Health, there is a rise in mental health crises during Christmas and the New Year with many individuals feeling isolated or unable to cope with the pressures of the season.

What’s more, the NHS has reported a notable increase in cases of depression and anxiety during the winter months, exacerbated by holiday pressures and financial worries, and Mind, the UK mental health charity, highlight the importance of support and early intervention, as untreated mental health issues can contribute to family conflict and breakdowns which tend to ‘blow up’ at heightened events such as a family Christmas.

 

Substance abuse

Data from Public Health England indicates a 30% increase in alcohol-related incidents around Christmas time, which can further strain family relationships.

For individuals with a history of substance abuse, the temptation to overindulge is higher, often leading to behaviour that disrupts family harmony, and alcohol misuse can serve as a catalyst for impulsive decisions that result in family arguments, violence and/or legal disputes.

 

Societal expectations

And finally, whilst personal factors often precipitate the surge in family law cases during Christmas, the role of societal pressures should not be forgotten. The festive period amplifies expectations around family unity and happiness, creating a backdrop against which people evaluate their personal lives.

Campaigns such as Relate’s #NoPerfectFamily highlight the unrealistic ideals that media portrayals of Christmas can impose on families, leading individuals to reflect more critically on their own relationships during this season.

Research published by the British Association for Counselling and Psychotherapy states that societal expectations can also influence relationship breakdowns, particularly during high-stress periods such as Christmas.

Here, we see individuals reassess their relationships during New Year, inspired by the cultural notion of a “fresh start,” and whilst this might seem positive at first, it actually results in increased divorce filings and more custody disputes between Christmas and New Year.

 

Supporting families through challenging times

At Foresight, we understand the complexities and emotional challenges that come with the festive period, and as the UK's most comprehensive panel of expert witnesses, we are here to support family law cases with expert insight and guidance.

Our industry-leading services help legal professionals save time and work smarter by sourcing the most suitably qualified and experienced experts to support their cases within LAA rates, if required – no matter the discipline, no matter the deadline.

If you would like to talk to our team about instructing one of our experts, please get in touch.