Marco Pierre White, television presenter and former Michelin starred chef, has been cooking up a storm in the courts as he embarks on a landmark appeal against the precedents on which many family cases are fought.
After a seven-year marriage, the milk turned sour as White’s wife, Mati, petitioned for divorce. As with many divorces, both parties attempted to gather evidence that would strengthen their case to give them the upper hand in the financial proceedings. In doing so, Mati stumbled upon forty-two documents, including a heartfelt letter from White’s daughter by a previous marriage, and proceeded to keep these from her husband.
Since the case of Hildebrand in 1992, it has become a widely accepted practice that a document left lying around can be copied and used in family proceedings. However, Mati and her solicitors, Withers, found themselves in hot water as they failed to make copies and instead kept the originals. It would appear that, in law, one cannot have their cake and eat it.
White brought a claim against Withers for withholding these documents and despite losing his initial case, he has been given leave to appeal. If he is successful, this could have huge ramifications for the legal profession, leaving such law firms open to civil claims. Even worse, their clients could be liable under both civil and criminal actions. So, what can be done to avoid such bitter-sweet results?
Well traditionally, divorcing couples each take independent legal advice, communicate via their lawyers and rely on the court system. Often parties can feel a loss of control as the judicial process dictates the outcome. However, there is an alternative in the shape of collaborative law.
Each spouse still appoints their own divorce lawyer, but instead of communicating remotely, the parties and their lawyers all sit down together to devise workable solutions. This technique becomes particularly useful if there are children in the mix.
“Children need to feel safe, satisfied and loved”. As a result of his wife’s deception, White did not receive an emotional letter from his daughter. The implications of this on the entire family unit are not hard to imagine. “Communication and co-operation as well as consistency create a sense of security for children of any age”.
Perhaps if White and Mati had adopted the collaborative route, the need for toxic tactics, leading to a somewhat pear shaped outcome, would have been avoided. Liz comments, “The answer is co-operation. Maintain contact with your former partner. That way you have the best chance of understanding each other”.
So with a spoonful of good faith and a sprinkling of co-operation, collaborative law could prove to be the icing on the cake of a good divorce.
