“War,” the soapy new HBO series, centers on competing (fictional) London-based law firms: Cathcarts & Sons, a powerful, old, oak-paneled institution, and Taylor & Byrne, a sleek, modern, up-and-coming boutique firm, run by a husband-and-wife team.
The show’s first season pits the two practices against each other for the “biggest divorce trial in British legal history.”
The unhappy couple? Philandering social media mogul Morgan Henderson, played by Dominic West, and his famous-actress wife, Carla Duval, played by Sienna Miller. Henderson is represented by Cathcarts; Duval by Taylor & Byrne.
The show has all the classic elements of riveting divorce and courtroom dramas: money, sex, high conflict, flawed characters, lies, backstabbing, betrayal, underhanded tactics, and ruthless lawyers.
So far, it’s received mixed reviews: some critics call it fast-paced fun or a captivating thriller, while others say it’s slick but thin and shallow, lacking deeper themes and character development.
Time Magazine says series creator George Kay “invokes big, timely issues—extreme wealth, gender roles, the horrors of social media—without finding much to say about them.”
But, as The Guardian (which calls the show “a brilliant piece of balderdash”) points out, it does take on some of the trickier areas of contemporary divorce – prenups, asset division with complex income streams, upscale real estate, spousal support – as well as, to quote Variety, “all that goes into dismantling a hyper-visible relationship, particularly when the court of public opinion is at play.”
A TV show about divorces of the rich and famous may be “massive, massive fun” (The Guardian) to watch, but the reality of living out your worst, most painful personal nightmare in front of the entire world is not.
Of course, public appetite for famous people’s relationship woes is nothing new. In the early 1500s, when Henry VIII wanted to end his marriage to Catherine of Aragon (who had not produced an heir) so he could marry Anne Boleyn, the public reportedly cheered Catherine, widely beloved, and jeered Boleyn in the streets. The issue, called the King’s “great matter,” prompted a pamphlet war (the era’s equivalent of a media frenzy); the Blackfriars Legatine Court Drama was a public spectacle, and the stakes could not have been higher – the scandal eventually led to the Reformation, and reshaped power and religion in England for the long haul.
A modern-day high-profile, high-asset, high-stakes divorce comes with its own set of (similar and different) concerns.
Here are 5 ways a highly visible divorce is different than the average split:
- The limelight’s harsh glare
In our news- and media-saturated era, the “public” factor is amplified exponentially. Today, a public figure has to contend not only with traditional outlets and even tabloid media, but also with the ubiquity of social media. Social platforms can help a public figure build their brand, but that same window into their life can also put their most sensitive private matters on display at critical moments. This subjects them to public scrutiny in an arena where everyone has an opinion and feels free to express it, and information gleaned from posts can pose major risks to a legal case, including decisions about asset division, spousal and child support, and custody arrangements. Celebrities and other high-profile figures often work with publicists or crisis PR firms to help them control the narrative, even before filing.
- Career impact
During an average divorce, friends and family may witness the dirty laundry of your split, and that’s painful in itself. But when your public image is tied directly to your business (such as corporate leaders), or when you are the brand (celebrities, influencers, and even political figures), protecting your personal and professional image is essential. Visible relationship conflict, accusations of bad behavior, financial problems, even if they’re rumors, misrepresentations, or outright lies, can tarnish your reputation and seriously damage your career and livelihood.
- Keeping it private
In a standard divorce, family court may be enough. High-profile divorces, however, often benefit from mediation or private judging. Mediation is confidential and provides greater control over outcomes; a private judge – or, judge pro tempore, a legal professional agreed upon by the parties and hired by their attorneys to decide the case – costs more, but often comes with deep experience and can take the time to gain a detailed knowledge of your case. Both options can help keep personal details, conflicts, and sensitive financial disclosures out of family court’s public record.
- Complex finances
Dividing typical assets, a bank account, a modest family home, a standard retirement plan, is fairly straightforward. But high-profile divorces often involve intricate financial portfolios and layers of wealth, from luxury properties to corporate holdings, RSUs to intellectual property and intangible assets, especially in California, where tech and entertainment wealth is concentrated. Dividing significant assets can have serious tax implications. In addition, wealthy celebrities and powerful businesspeople often have prenuptial agreements that require close examination.
- More players
In an average divorce, one skilled family law attorney per spouse may suffice. But the complexity of a high-profile divorce – the number and variety of additional considerations – often requires a team of specialized advisors: PR managers, forensic accountants, corporate and tax attorneys, estate planners, a Certified Divorce Financial Analyst (CDFA), a real estate appraiser, and a family therapist or child psychologist to help children facing the pressures of divorce and custody proceedings in the public eye.
SFLG’s experienced California family law attorneys have helped families navigate the sensitive issues surrounding high-profile, high-asset, high-conflict divorces for over 40 years. We’re here to support you and help you build the specialized team you need.
By Debra Schoenberg
