The second episode of the Split continues to wow viewers but is perhaps a little less enthralling to those in the legal profession, with its deviations from reality of family law.
The episode centred around Diallo Diopo a famous footballer who with his entourage was negotiating the terms of his pre-nuptial agreement with his glamour model fiancée Kelsey.
The cast hinted at the negotiations beginning less than two weeks before the wedding. In reality if the pre-nuptial agreement was signed that close to a wedding, it would almost certainly be compromised. It is highly recommended to have a period of at least 28 days between the signing of the pre-nuptial agreement and the wedding. If there is less than 28 days it would sometimes be better to have a post-nuptial agreement.
The hot tempered meeting with their respective solicitors who are seen arguing over what the pre-nuptial agreement should contain, was not quite right either. In our experience, the negotiations of a pre-nuptial agreement are not as confrontational, and the heads of agreement have been decided by the couple prior to meeting with their solicitors. It is a shame to see pre-nuptial agreements in a negative light. Lots of our clients find it relieves some of the tensions. In fact in other countries they are very much normal practice.
Diallo and Kelsey are a wealthy young couple getting married for the first time. For those with more ordinary lives it is often getting married for a second time or later in life when it becomes practical to consider a pre-nuptial agreement as a method to protect wealth. Often inheritance, assets or children from a previous relationship are involved.
We commonly use experts when dealing with valuation issues on divorce if spouses are not able to agree. The use of a forensic accountant in the episode yesterday definitely had a pinch of creative licence. The accountant visited the McKenzie’s house to take an inventory of the house contents including taking pictures the Buddha in the garden and counting bottles of vintage wine. This is all particularly ironic as Mrs McKenzie then drinks some of the “matrimonial assets”.
Faye Hall, forensic accountant at Smith & Williamson in Bristol commented:
Whilst I think it would be very interesting, never have I known the remit of a forensic accountant to stretch to listing the modern art and vintage wines kept within a matrimonial home. I assume that in addition to the list the instructed accountant was also placing a value on each of these assets – and being paid £600 an hour for such a wide-ranging expertise!
To keep the drama, the Split focuses on the personal battle between solicitors. In reality as family lawyers we are far more focused on our clients and getting the right outcome for them. Whilst Hannah may get a yellow card for her legal advice, we remain captivated and ready to see what next week brings.
Andrew Barton is a divorce specialist and family law partner at Stephens Scown. To contact Andrew about pre-nups or any other family law matter, please call 01392 210700, email solicitors@stephens-scown.co.uk.