This week is Good Divorce Week, which shines a spotlight on calmer, more constructive separations. In the following analysis for IFA Magazine, Alison Bull, Partner at law firm, Mills & Reeve, argues that even Kim Kardashian’s much-criticised new legal drama offers a useful reminder for advisers. Beneath the glamour and high-stakes plotlines lies a lesson for professionals supporting clients through divorce: Alison explains how and why, with the right guidance, it’s possible to dial down the drama and help couples pursue a fair, amicable outcome, even in the most complex, high-net-worth cases.
What if I said that the newest US TV legal drama doesn’t deserve its terrible reviews from critics or the headline-creating zero per cent score on review site Rotten Tomatoes, which now stands at four per cent?! In fact, I think there’s a useful lesson in there for advisers supporting people through a separation or divorce, which is particularly pertinent during Good Divorce Week.
All’s Fair is a star-studded drama built around a team of female divorce attorneys, which premiered last week. It serves as a timely reminder that there are separations and divorce situations where the stakes are high, but it is possible to dial down the drama in real life.
In between the high fashion and celeb cast, the series covers the complexity of high profile, high-net-worth divorce cases – whether that of an entrepreneur, sports star or musician. It is, however, amped up beyond any recognition of what we see even in the most egregious cases in our work. It’s also US-based, so different to our own legal system, but it’s also not unusual for relationship breakdown or family issues to involve more than one country, so it’s always worth considering where international reach and know-how is required.
Divorce can be one of the most stressful life events, but for many people, they want to part as amicably as possible and to look for a workable outcome together. For business owners and those with considerable means, there may be several people involved before the process starts from lawyers, accountants, financial advisers, tax and pensions experts and counsellors. That’s before you factor in business partners, investors, talent managers or PR.
Is there a more amicable way?
With so many voices, it can quickly get messy, and Kardashian’s show is an extreme reminder of when less is more. Over the past three years, we’ve seen a shift towards no-fault divorce in England and Wales, which was hailed as a much-needed change, though it faces some misplaced criticism that it leaves some unresolved issueswhere apportioning blameserved as a therapeutic step in the healing process.
Many people don’t realise that a couple can get divorced with just one lawyer to take out the adversarial approach by both working with the same lawyer to receive the same advice.
If a couple still feels they can work together, are willing to be open and share financial information and facts, a one lawyer, one couple approach may be the best outcome for everyone. After all, most people are simply looking for a fair agreement about money and/or the arrangements for their children.
All can be fair in love and law
It’s not for every couple, but the tropes and TV drama version of divorce are a welcome reminder that it is our role as professional advisers to point couples towards options that will be less, well, dramatic in the long run. It’s already an emotional and sad time for everyone involved, so let’s set aside the notion that the rules of fair play do not apply in love and war, and perhaps – as Good Divorce Week proposes – all can be fair in love and law.
