January is often labelled “divorce month,” a time when inquiries about separation and divorce tend to spike after the holidays. On the Shane Hewitt & the Night Shift Podcast, this seasonal trend was explored alongside a broader discussion about how couples can better prepare for the financial realities of long-term relationships. Julia Fogarty, Associate Lawyer at Shulman & Partners LLP, joined the program to provide legal context around why separations are often delayed until the new year and how proactive planning can reduce conflict if a relationship ends. The discussion highlighted that divorce is rarely about one single moment, but rather the accumulation of unresolved issues, emotional strain, and financial uncertainty. By addressing these topics openly, the segment offered listeners a practical look at how early conversations, particularly about finances, can shape healthier outcomes for families.
"The prenup sets out what your financial assets are coming into it and what you would like to do with those assets if the relationship doesn’t work. Having this contractual document saves people thousands of dollars.”
— Julia Fogarty, Associate Lawyer at Shulman & Partners LLP
During the interview, the concept of “divorce month” was unpacked as more than just a cultural label. Julia explained that January often sees an increase in separation inquiries because many couples postpone difficult decisions during December. The holidays place added emotional pressure on families, particularly those with children, and many individuals choose to maintain stability through that period before reassessing their situation in the new year.
A central theme of the discussion was the importance of financial transparency and planning before marriage. Julia emphasized that prenuptial agreements, referred to legally as domestic contracts in Ontario, are not reserved for wealthy couples. Instead, they serve as a practical tool for clarifying financial expectations, assets, and debts at the outset of a relationship. Even couples who believe they have little to divide can benefit from disclosure, as debt, credit history, and future earning capacity can all significantly affect a marriage.
The conversation also addressed common misconceptions around prenups, particularly the belief that they signal a lack of commitment. She explained that these agreements often function best when created during stable, cooperative periods, rather than after conflict arises. Discussing finances early, before emotions are heightened, allows couples to make rational decisions and avoid disputes later.
Another key takeaway was the flexibility of domestic contracts. Julia noted that prenups are not static documents. As relationships evolve through major life events such as buying property, having children, or one partner stepping back from their career, agreements can be amended or replaced with postnuptial agreements to reflect new realities. This adaptability makes them a living framework rather than a rigid prediction of failure.
Overall, the discussion framed prenuptial agreements not as pessimistic planning, but as a form of relationship clarity that can support long-term stability and reduce unnecessary conflict if separation occurs.
Listen to the full iHeart Radio show segment here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.