January has heralded the taking down of Christmas decorations, the return of the work routine and a rise in couples seeking divorce. In fact the first Monday after the holiday period has become known to many legal professionals as divorce day (or D-Day). So as we reach the end of January 2012 have the stresses of the Christmas and post holiday period propelled couples towards divorce or is there more to this than meets the eye?

The reasons for the spike in divorce enquiries in January are as varied as they are numerous. The typical pressures of the holidays are rarely the sole cause of marital break-up. In fact, the build up of small incidents can lead a seemingly inconsequential issue becoming the final trigger. Whilst the holidays are notorious for office party mischief and excessive drinking, many marriages crack under the strain of financial burdens – especially in the present economic downturn. We all live such busy lives that frequently couples over look the need to invest the time and effort required to keep their relationships alive and flourishing. It is not uncommon for individuals contemplating divorce to wait for the end of the Christmas period before taking action, either to avoid upsetting their families or to postpone the inevitable until the fresh start offered by the new year.

At the beginning of January, Sir Paul Coleridge launched a foundation aimed at promoting marriage as the “gold standard”, dismissing the high divorce rate as another example of the throw away culture epitomized in the 21^st century. However, rarely do people approach the divorce process lightly. Many divorce enquiries are false starts, as the decision to commence the divorce process involves a considerable amount of soul searching. Divorce is often seen as the only way out by many couples, whereas it should be viewed as a last resort. With help and support early on, as offered by ccounsellors, therapists and life coaches, issues such as poor communication and alienation can be discussed and strategies put in place so that divorce is not seen as the only outcome.

However, if that is the course to be followed, the use of independent family mediators can provide a safe, secure and structured environment where the process can provide a more affordable and less distressing process in which to resolve the problems associated with a relationship breakdown than the traditional court process. Likewise, collaborative law involving face to face meetings between a couple and their respective solicitors, in the context of an agreement to resolve issues outside of the court process, often results in a more civil end to a relationship.

January will always be a busy month for divorce lawyers, who also witness similar (albeit smaller) peaks in demand following the close of the summer holidays. Whether in January, September, or any other month of the year, the divorce process if not handled sensitively can be a dramatic, potentially traumatic and radical solution to a complex problem (especially where children are involved) – the ramifications of which can be long lasting and emotionally and financially damaging if the road to litigation is followed unquestioningly. There are alternatives.

Jane Porter, Head of the family team at Lester Aldridge LLP