4th of January 2010

The research of Britain’s top 100 divorce lawyers by the UK's first online legal matching service TakeLegalAdvice.com expects this year’s festive season to end with a particularly cold snap for a record number of couples. Today, now known as D-Day (Divorce Day) will kick-start the busiest week in the divorce lawyers' calendar and, indeed, their busiest year since the recession began –as the property market shows signs of recovery.

A survey of Britain's top divorce lawyers, released today, finds law firms braced for a surge in divorce enquiries with three quarters (76 per cent) of them predicting a bumper year for divorces. Improving share and house prices combined with an ease in bank lending looks set to be the trigger for couples in stalemate. The recession has put added stress on already creaking relationships and although the financial crisis has forced many to stay in faltering love matches, lawyers believe there will be no such reprieve for these malfunctioning marriages in 2010.

Suzanne Kingston, head of the family department at Dawsons solicitors, said: “These findings reflect what we have been seeing within our practice. As the recession started to bite, divorce enquiries slowed down as couples adopted a 'wait and see' approach. Now, however, patience is running thin and many of those stuck in a marital impasse are ready to consider their options, particularly with news headlines predicting an economic recovery this year.”

One of the UK's leading divorce lawyers, Richard Phillips, of law firm Irwin Mitchell, confirmed this trend: "Many couples have decided that enough is enough and they can't wait any longer to get a divorce. They have been encouraged in that view by an improving housing market which makes the financing easier as well as an easing in bank lending constraints– making it possible to get two mortgages from the sale of one property."

Relate, the UK's largest provider of relationship support, believes the trend to kick-start divorce proceedings in January correlates with the surge in the number of calls its centres receive over the festive period.

And TakeLegalAdvice.com has seen enquiries about relationship difficulties soar over this festive period, up 40 per cent on the same period last year.

Commenting on the surge, website editor Jonathan Ames, said: “It's very sad when family relationships break down and particularly poignant when this happens at Christmas. However, the festive season means extra time together can bring ongoing problems in a relationship to the surface.”

“New Year’s resolutions come into play and it becomes a case of 'out with the old' as divorce proceedings are instigated. Perhaps it is not, as we so often think, the season to be jolly after all,” he concluded.

Main research Trends

2010 - A bumper year for divorce

Two in three lawyers (64 per cent) say the recession has put pressure on couples to stay together. Depressed property prices and other financial difficulties forced many to stay together. However, 75 per cent also expect a record number of divorces in 2010.

Pre-Nuptials – where's the money, honey?

Pre-nuptials – once the preserve of celebrities – are on the increase, according to Britain's lawyers. Money is a factor in any divorce and splitting the spoils is never easy. However couples are more realistic about divorce and increasingly want to make sure any future separation is conducted fairly. Even though pre-nups have no formal legal standing as yet in the UK, family court judges are increasingly viewing them as a guide to couples’ wishes. 70 per cent of respondents questioned by TakeLegalAdvice.com highlight a rise in the number of pre-nuptial agreements arranged over the course of last year, with almost three quarters (75 per cent) of lawyers believing the agreements will be legal in the UK in the near future.

Living in Sin

Sixty per cent of lawyers support the Law Commission's intentions to provide greater rights for co-habiting couples, who often do not realise they have no recourse to the legal protection provided to married couples. The Fourth Estate After the introduction of press access to the family courts earlier this year, nearly 70 per cent of lawyers say they are not in favour.

Suffer Little Children

2009 saw more children feeling the brunt of the unhappy home with 66 per cent of divorce lawyers reporting an increase in child-related issues including a rise in international abductions.

The Blame Game

Currently every UK divorce must attribute Blame from one party including irreconcilable differences or adultery. Nearly three quarters of UK Lawyers (74 per cent) are calling for changes in divorce law and for blame to be removed from divorce petitions – believing that it sets an acrimonious tone in early negotiations. They believe that creating 'no fault' divorce will reduce tensions and expedite proceedings.

Regrets I have a Few

Astonishingly lawyers beleive that up to 50 per cent of those getting divorced regret it.  However, women are happiest post divorce, the research says.

Spend Spend Spend

Nearly eight in ten lawyers reported that the most frequent financial mistake made by divorcees was the failure to invest for the future.

Marriage and Divorce in Britain - Key facts from TakeLegalAdvice.com

•  One in five couples in Britain are on the verge of a break-up and many more trapped in unhappy marriages. 

• Average length of marriage before it hits the rocks is 7 years and three months

• One in five women cite a serious incident of abuse as the reason for the relationship breakdown

• 17% of marriages are sexless

• Infidelity is cited by 38% as key factor for divorce