LMP partner Alison Hayes has featured in a Tatler article written by Annabelle Spranklen on divorce U-turns, a topic inspired by celebrity Rory McIlroy calling off divorce proceedings
Annabelle prefaces the article with: “Last month, it was revealed that pro-golfer Rory McIlroy had filed for a divorce from wife Erica Stoll after seven years of marriage. However, in a dramatic U-turn, the petition was voluntarily dismissed just weeks later. According to The Telegraph, friends maintain that McIlroy’s main priority is to keep the family together. ‘He doesn’t care about money,’ said one. Whatever might have gone on behind closed doors, the couple have avoided a costly divorce – McIlroy, after all, is one of the UK’s richest sportsmen – worth an estimated £312 million.”
Alison was one of the legal experts approached for comment beginning with the explanation of the legal context:
‘An application to the Court can be made to withdraw the divorce application, but this must be made before the pronouncement of the Final Order (previously Decree Absolute). If the application for the divorce has been made jointly, both parties will need to provide their written consent to the Court for the application to be withdrawn. Similarly, if both parties are in agreement any financial remedy proceedings can be withdrawn by a joint application to the Court. In short therefore, provided the Final Order in the divorce proceedings has not been pronounced, the parties can reconcile very late in the day.’
Annabelle explores the financial motivations of calling off a divorce and concludes the article with Alison concurring with other contributors that divorce lawyers need to remain wary of a change in heart:
‘Since one has taken the step to go down the divorce route in the first place, any reconciliation is unlikely to be plain sailing since there are likely to remain difficulties in their relationship. Wearing my cynical hat, any attempted reconciliation can lead to a less than honest spouse having the opportunity to move various assets around and to structure their affairs in a way whereby in any future divorce, it may make it more difficult for there to be asset tracing exercises etc.’
