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In this period between Christmas and the New Year, I tend to go to the office to catch up on my paperwork. I consider it to be my quiet time to clear those bits of paper from my desk and tidy up a bit.

This is probably in stark contrast to what people think that a family law solicitor does at this time of year. Every year I read articles on the same subject and I sometimes even see a "celebrity" solicitor on T.V pushing the same story year after year about how busy family lawyers are after the Christmas period. Having worked for a number of firms over a number of years, I disagree. Even when I was a legal aid solicitor with a great deal more work, we had very few emergency situations arise during this period.

It caught my eye in an article on the BBC website that there seems to be a generally accepted idea that the divorce rate is on the increase, without any in depth consideration of what factors might influence the numbers.

I think it should be noted that on the pure numbers the rates are down about 20,000 from the year 2000. The number of divorces peaked at 165,000 in 1993, standing at 120,000 in 2010. However the marriage rate is also very different. in 1993 there were 300,000 marriages whereas that number is 230,000 for 2009 (the last year that stats are available). 1993 marked a period of recovery after a recession, if this trend is followed then the divorce rate might peak after the current recession is over. In my practice I have noted over the last 2 years that I see an increased number of people who can't afford to get divorced and divide their finances. There being no equity in the couple's property, insufficient income to spend on solicitors fees and a general feeling that "its not the right time" seems to me to be more prevalent than in previous years. These couple's choose to wait and see, rather than take any action.

This week I have been in London and Norfolk delivering courses for CLT. On Monday I was running an Advocacy course which was thoroughly enjoyable, both for me and the delegates who attended. I'm keen to encourage solicitors to do their own advocacy where they feel able to. Its not that I don't instruct barristers but I do feel that having drafted all the papers in a case, actually read and written all the correspondence and spoken to the client on multiple occasions, i'm pretty well placed to present their interests in court.

You've all heard the one about people getting divorced in January haven't you? You know, the couple had an horrific Christmas, the mother in law bought a terrible present someone made an awful meal, there was a drunk in the house etc? Well, for years it has bothered me. Not because I'm so busy in January but quite the opposite. It is 10th January 2012 as I write this and I haven't issued a petition all year (for shame). I'd like to know who issues the first petition this year in each court just out of curiosity if nothing else. I've never had the pleasure of being a "01"-  the reference number of the first petition issued in any court.