The Split: the drama vs the reality

Like most family lawyers, I have felt compelled to watch the BBC1 drama ‘The Split’ to see how my day job is represented -  albeit I watched most of it distracted by some pretty significant inaccuracies!

The drama centres around a high powered family matriarch with a successful law firm in central London, and her three daughters: two of whom are divorce solicitors (Hannah having left the family firm to blaze her own trail and the other who loyally remains alongside her mother); and a third who is preparing to get married herself. The scene is set for family affairs and drama inside and outside the office. 

So what did The Split get wrong?

Professional conflicts were plentiful right from the opening scene in which Hannah met a husband and wife together (a wife who didn’t even know she was meeting a lawyer to talk about her own divorce!). A divorce solicitor cannot represent both of you and will only meet with your spouse if their lawyer is also present.  

As Hannah had initially been consulted by the husband, she should also not have gone on to act for the wife without his express permission. In fact, the husband went on to instruct Hannah’s family firm and this immediately started to affect Hannah’s judgment; your solicitor must disclose any personal conflicts which may compromise their ability to get the best for you.

In one scene Hannah began making proposals and accepting offers before checking with her client, something that she should quite simply not do. You instruct your solicitor, not the other way around! Our job is to listen to your circumstances, advise you on the options and the likelihood of being successful, and then for you to tell us how to proceed. 

In the first episode there was an ongoing ‘custody’ dispute but there is no such thing as access or custody in today’s legal world and there hasn’t been for many years. We now have ‘Child Arrangement Orders’ which are far less rigid and encourage cooperation and collaboration between parents wherever possible.

The second episode focused on a footballer and his ‘WAG’ signing a Pre-Nup in haste. The last minute drafting, flurry of non-disclosure agreements, threats of calling off the marriage and the lack of transparency would all give the ‘WAG’ involved in this Pre-Nup a good start in having it set aside if they do divorce in the future.

All of that and we are only two episodes in…Nevertheless it is all entertaining stuff; just be aware that, in this case, the drama is not particularly representative of the reality.