Why January Gets Branded “Divorce Season” (and What That Means in Australia)
Every January, family lawyers, counsellors, and support services report a familiar pattern: a spike in enquiries about separation and divorce.
The phrase “divorce season” isn’t a legal concept. It’s cultural shorthand for a predictable post-holiday surge in relationship decision points. In reality, the busy season often begins in November for family lawyers and intensifies in January.
In Australia, there are several practical and psychological reasons January behaves like a pressure-release valve.
1. The “Holiday Pressure Cooker” Effect
The pre-Christmas period can amplify existing fault lines. Financial stress, overloaded schedules, family expectations, parenting fatigue, and the pressure to deliver a “happy holiday” can bring long-simmering issues to the surface.
During the Christmas–New Year period, tensions can intensify further. Time together increases, escape valves are limited by family obligations, and unresolved issues build pressure. Media reporting and industry commentary frequently link January and February surges to these cumulative stresses.
2. New Year Reflection (and the Momentum to Act)
January invites reflection. Questions like “Is this working?” or “I can’t do another Christmas like that” often surface once the calendar turns.
As routines settle, children return to school, and professional services become more accessible, difficult conversations can feel more possible. For some couples, this creates the momentum to act.
3. Practical Timing: Money, Housing, and “Getting Through Christmas”
Many people delay major decisions until after the holidays for emotional or financial reasons, or to minimise disruption for children.
Cost-of-living pressures are frequently cited as a reason people stay longer than they would like. Once January ends and February begins, practical barriers ease, appointments become available, and reflections crystallise into action.
4. A Very Australian Factor: the 12-Month Separation Rule
Australia’s no-fault divorce system provides only one ground for divorce: an irretrievable breakdown of the marriage, established by at least 12 months’ separation.
Couples who separate around January become eligible to apply for divorce in January the following year (12 months and one day later). Over time, this creates a seasonal rhythm in enquiries and filings.
Importantly, property settlement, parenting arrangements, and child support do not need to wait for a divorce to be finalised. These issues are often addressed well before divorce proceedings.
The Australian Snapshot: Marriages, Divorces, and Trends
Some current statistics help ground the January narrative:
In 2024, Australia recorded 47,216 divorces, with a crude divorce rate of 2.1 per 1,000 people (aged 16+)
The average duration of marriage to divorce was 13.2 years
Average marriage to separation was 9.3 years
Long-term trends show divorce rates have generally declined, alongside a rise in de facto relationships
Bottom line: “Divorce season” reflects timing patterns, not impulsive decisions.
What Australian Family Law Actually Requires
Divorce Basics (Married Couples)
Australia is a no-fault system
Divorce is based on at least 12 months’ separation
Divorce is a separate process from financial and property matters
Property Settlement and Spousal Maintenance: Time Limits Matter
One of the most common January traps is assuming financial matters can be dealt with later.
Key time limits include:
Married couples: applications generally must be made within 12 months of divorce
De facto couples: applications generally must be made within 2 years of separation
Outside these limits, court permission is required and not automatic
Child support operates under a separate scheme administered by Services Australia
If January Is Your “Decision Month”: Practical, Non-Alarmist Steps
Get early advice
Even one appointment can clarify timeframes and reduce panic.Prioritise safety and stability
Where family violence is present, protection and secure communication matter more than appearances.
Don’t delay the financial picture
Gather documents, list assets, liabilities, income, and superannuation early.Use dispute resolution where appropriate
Most matters resolve outside court when the right process is used.
A Note for LinkedIn Readers and Leaders
January “divorce season” often shows up at work through distraction, reduced capacity, leave requirements, and wellbeing strain.
For managers and HR teams, thoughtful flexibility can make a significant difference:
predictable scheduling where possible
Employee Assistance Program reminders
private time for appointments
policies recognising family violence and safety needs
Supportive workplaces help retain valued employees and provide stability during personal upheaval.