The BBC's new legal drama 'The Split' is a worryingly misleading take on how divorce really works
By portraying divorce proceedings as inevitably antagonistic, involving high octane situations, the show ignores the real work divorce lawyers do, and the fundamental problems with the outdated system we're dealing with
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I know I was not the only family lawyer to find watching The Split, the BBC's new legal drama, utterly cringeworthy. The show depicts the personal and legal battles of a family of lawyers who all advise on divorce and related issues and, as TV drama must if it's going to get ratings, it ramps up the spectacle to engage viewers.
I'm sure that doctors find watching medical dramas, with the simplistic depiction of their roles and factual inaccuracies, similarly painful – over the years they have probably become inured to it. But that's not what frustrates me about The Split. The problem with the show is the impact it will have on people's perceptions of the divorce process, and their expectations of how a family lawyer will work with them.
By portraying divorce proceedings as inevitably antagonistic, involving high octane situations, The Split ignores the fact that skilled family lawyers are accomplished strategists. They work tirelessly to identify the best approach to help their clients navigate any dispute with their partner and to exit the relationship with as little pain and stress as possible. That's not to say that we won't fight our client's corner – of course we will and we do – but it has to be part of a carefully mapped out plan for the way forward. And if there is a fight, it is our responsibility to give our clients honest and clear advice about the prospects.
A good lawyer analyses chances of success from the very start, and gives sensible advice about when to settle and on what terms. Without an overarching strategy there is no chance of succeeding in litigation. All of this should be fundamental to the lawyer's initial groundwork with their client, and prevent unpleasant surprises as the case progresses or the dramatic turn of events that occur in The Split.
Family lawyers have seen the emotional turmoil of separation and the anguish their clients go through and spend their trying to anticipate potential twists and turns. It's inconceivable that a lawyer would up the stakes by, for example, allowing their client's son to wait in their offices while his time with his parents was negotiated in the next door room, as depicted in the show.
Of course a TV show needs plenty of excitement. No one is going to stick with a show that gets bogged down in scenes of lawyers working through piles of documents and forensic reports, preparing evidence, or calmly helping their clients to agree their financial deal through an amicable face-to-face mediation process. Author John Grisham's success is based on his recognition of the excitement in high stakes court disputes, and other legal dramas like Silk and Suits all depend on last minute interventions and fights against the odds.
But The Split doesn't reflect the reality of modern divorce cases. The unfortunate predicament of family lawyers in England and Wales is that they must guide their clients as best they can through a broken system that is strewn with obstacles imposed by outdated legislation.
There has been no fundamental change to family law for 40 years, and it no longer meets the needs of modern families. We still have a system that is adversarial by nature, which forces couples to attribute fault to each other if they wish to get through their divorce quickly. It provides unmarried couples with no protection whatsoever should they split up, no matter how long they've been together, and has no statutory framework for binding prenuptial agreements.
It's no secret that the system is hopelessly outmoded and chronically underfunded, and it would be more constructive if these problems were accurately depicted on screen too. But most of all, it would be wonderful to see a TV show that explored the calm, meticulous way in which a case must be put together in the face of an inflexible and outdated legal landscape.
People going through the trauma of a divorce have enough to deal with, they don't need to be misled and their situation over-dramatised too.
Katharine Landells is a partner in Withers' Family team, and advises clients on divorce, children matters and prenuptual agreements
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