Big-name divorces still make headlines, and remain the most popular stories in the media, judging by a recent survey by the legal publisher Sweet & Maxwell. Its analysis of media mentions over the past 12 months found Fiona Shackleton, who acted for Paul McCartney in his split with Heather Mills, the most high-profile solicitor, clocking up 274 national and regional press articles.

But if celebrity divorce is still hot reading material, real divorce is out of fashion. Recent figures from the Office of National Statistics found the rate of divorce is at its lowest level for 26 years. This is not because married couples are getting along better: it's the credit crunch, plus high-profile awards in divorce cases, that seem to be the driving factors, according to lawyers this week.

Sandra Davies, head of family at Mishcon de Reya, says it may be tempting to think that people are working harder at resolving their marital problems . But a more likely scenario, backed by anecdotal evidence, is that the level of divorce settlements is at an all time high for women. She said: "This has in turn has created an unusual level of anxiety and caution among men who, preferring to avoid parting with up to 50 per cent of their hard-earned wealth, have chosen to stay put."

Where they do divorce, a recent case called Mubarak has, however, given some hope in the present climate, she says. "If the well-heeled settle their assets offshore before they get married or sufficiently far in advance of a divorce, this judgment could see them avoiding their spouses ' claims altogether. There may be tax consequences; but some husbands would consider it a price worth paying for certainty."

Another London divorce lawyer, Ayesha Vardag, who has her own firm in The Strand, believes that the lower divorce rate reflects the lower rate of marriage. Marriage, she argues, has become an unattractive option. "With all the recent publicity about huge divorce payouts there's a sense that if you get married you give the courts a blank cheque to sort out your affairs in a way that you have little or no control over."

While other countries enjoy legally-binding pre or post-nuptial agreements, these only remain persuasive in the UK. "We want to provide certainty for couples so they can regulate their own affairs, but the law isn't backing us up," she says. "The result is that England offers a veritable 'gold digger's charter' when it comes to divorce."

The fall in marriage is matched by a rise in living together, an arguably more attractive option at a time of credit crunch, according to Robert Kerr, a partner with Grant Thornton's Forensic and Investigation Services.

"It could be that at a time of growing uncertainty, couples want to try to resolve marital issues before considering divorce," he says. "Our own research has shown that women who petition for divorce in the UK receive a more favourable financial settlement. Therefore it could be that husbands will think first before heading for the divorce courts, at least until the economic landscape settles, particularly as the housing market has been so badly affected in recent months. Couples may think twice before divorcing and buying elsewhere."

But if divorce is unpopular, the level of unpopularity has not yet hit lawyers' pockets or divorce-related services. Some even report a boom in their practices. A Cheshire divorce lawyer says she has seen a doubling in divorces handled by the firm involving mobile phones in the past three years.

Shelley Chesworth, of SAS Daniels solicitors, says that three in four of their current cases involve a mobile phone, in either revealing or betraying infidelity. "Some 75 per cent of current actions have been sparked by the discovery of text messages, photos, or even videos stored on a phone - or a sudden change in a spouse's mobile phone usage habits. "

"The obvious sign is someone getting a second mobile phone. Sometimes it's utterly innocent, but if that phone never seems to leave their side, then there's maybe grounds for suspicion. Secretive or furtive usage is another clue - standing at the end of the garden texting, or maybe sitting outside in the car talking. But the main giveaway is undoubtedly the undeleted text, or stored photo or video."

But technology and divorce can also have happier associations: Durham Legal Services (01207 693966), an independent agency that advises people with problems over child support or contact, is shortly to launch its "Footprint Evidence Tracker", which could revolutionise the way couples deal with each other over contact and handing-over arrangements. Mike Smith, a father of five who founded Durham Legal Services, says the idea is to help people sort out their child maintenance/contact problems themselves, in line with the new philosophy of the Child Maintenance and Enforcement Commission. He has spent some £70,000 of his own money devising the software, which could be a godsend to warring couples. (info@childsupportactive.co.uk)

The idea is that it logs all arrangements in a virtual "diary" and then any compliance problems can be logged by either parent, with responses. "For £75, we help them draft a maintenance agreement which although not legally binding is the blueprint for their own Footprint system which is operated via a central server. If, say, the father is late picking up a child for a visit, and the mother logs this. He can then say, 'the problem was I was kept late at work, which often happens on a Friday.' The couple can then work out a way of avoiding that time or day."

The twin benefits, he says, is that the parents can avoid acrimonious exchanges; and the tracker also provides a detailed account of all that has happened, and where and how arrangements have fallen down, if the matter comes to court. Smith, who brought up his first four children on his own, knows all about the problems than can arise. "But most parents don't keep chapter and verse - they just say this or that has been happening in a general way."

He hopes to launch the idea later this month, and meanwhile is awaiting backing from leading lawyers' associations. Perhaps, Smith suggests, they recognise its potential to reduce their workload - which would be no good at all, with divorce rates falling off. But where there is divorce, consensus is the new buzzword, credit crunch or not. Collaboration is in; conflict is out. Collaborative lawyers should pick up Smith's idea and run with it.

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