The BBC’s spin off legal drama, The Split Up goes all in for the high-stakes drama of divorce and episode two sees a high-profile divorce case between Alex Edwards (Lenny Henry) and his wife, Tash (Jane Horrocks). The couple are founders and presenters of their (fictitious) podcast ‘Marriage Works’ but their professional reputation and brand image is thrown into chaos when Tash has an affair and Alex decides he wants a divorce. With Tash’s lawyers intending to contest the divorce, we discuss how the reforms to divorce law in recent years have made it more difficult to contest a divorce and the key considerations for those wishing to protect their personal brand and public image if divorce is on the cards.
The old law
The law on divorce in England and Wales until 2022 required parties to prove one of five facts in order to legally end the marriage. These were: adultery, unreasonable behaviour, two years separation if both parties consented, desertion and finally five years separation if your spouse did not consent to the divorce. The case of Owens v Owens in 2018 attracted significant media attention at the time as Mrs Owens was unable to divorce her husband, under the then current law because Mr Owens had contested the application. This was despite the fact she was in a committed relationship with a new partner. The case was appealed to the Court of Appeal and the Supreme Court and Mrs Owens was ultimately unsuccessful. She therefore had to wait until five years separation before she could legally end the marriage. The judiciary indicated that the law should be reformed which led to a government consultation and the biggest reforms to divorce law in 50 years.
The current law
The reforms under the Divorce, Dissolution and Separation Act 2020 came into force in April 2022 removing the need to blame one party in a divorce. It also removed the potential for acrimony by creating options for couples to make an application jointly or on their own. The five facts were dispensed with and replaced with one sole ground for divorce: that the marriage has irretrievably broken down. For more: See How to get a divorce.
Can I object to the divorce?
There are now limited circumstances in which a divorce can be contested, and it can be difficult to prevent the divorce from going ahead. Even if a joint application is made, if one party later objects and one of the exceptions does not apply, the application will continue as a sole application. It is therefore difficult to stop the application, giving more autonomy to the person seeking the divorce.
A divorce can only be contested if:
- The marriage has not irretrievably broken down – This can be difficult to prove or rely on. However, reconciliation or marriage counselling may be something to consider if the relationship might be salvageable.
- The marriage was arguably not valid – for example a marriage certificate was not obtained, the marriage was not consummated, or a spouse was married to another person when the marriage took place.
- The marriage has already legally ended. There may have been a previous divorce or an annulment for marriages under one year.
- The divorce has already been issued in another judication. If some of your assets are overseas, seek advice about the most appropriate country to file your application in. This will usually be where you are habitually resident or domiciled. If you are looking to ask the court to approve a financial order as well, orders made overseas are not always enforceable in the courts in England and Wales.
Protecting your personal brand or public image
Many people work in the public arena and social media has created personal brand identities for many. The Split Up highlights the potential impact a divorce may have on personal branding and public image with Alex and Tash having built a career out of helping struggling marriages. It is important to consider how this can be managed in the context of a divorce. Our expert team of legal advisors can assist with reputation management alongside your divorce and help identify risks to your future career prospects as you transition towards financial independence.
If you are considering a separation and would like some initial advice about how to navigate the transition, you can contact us by calling 0345 450 5558 or by emailing [email protected] Alternatively fill out the form below and we’ll get in touch right away.
Other articles in this series:
BBC’s The Split Up and the Real Standish Story
BBC’s The Split Up – protecting business assets on divorce