Lily Allen has said her new album West End Girl was inspired by the breakdown of her second marriage. Through its lyrics, she explores difficult personal topics such as infidelity, money, privacy and addiction. These are issues that family lawyers frequently encounter with their clients, whether they are in the public eye or not. Below are a few lessons that anyone navigating a divorce might take from the themes in the album:

·        Prenuptial agreements

One of the first questions a family lawyer asks is whether there is a prenuptial agreement(‘PNA’) in place. PNAs are increasingly common in England and Wales and are persuasive in court if entered into in the right way. They can be especially beneficial for people embarking on a second marriage, who may have first-hand experience of a contested divorce and want to avoid going through that again. Having a PNA in place clarifies financial expectations early and aims to avoid unnecessary conflict following the breakdown of the marriage.

·        Short marriages

The duration of the marriage is a factor that can affect financial claims on divorce. The legislation does not define what constitutes a short marriage, but anything under about 6 years is usually considered short. Using Lily Allen as our case study, her second marriage took place in 2020, so at approximately 5 years in length it would be considered a ‘short marriage’ in this country. The starting point for financial division on divorce is an equal division of matrimonial assets, but a short marriage can be used to try and justify a departure from equality in certain circumstances (assuming the parties’ needs and the needs of any children are met).

·        Adultery and open marriages

Lily Allen’s lyrics refer to an open marriage, but that one party was unfaithful by breaking the rules of the arrangement. Before “no-fault divorce” was introduced in April 2022, the fact of adultery could be used as the legal reason for the divorce. They may have needed to prove the adultery, which could have been made more difficult if it was an open marriage. However, the only ground required now for a divorce is “the irretrievable breakdown of the marriage” and there is no need to prove fault. 

·        Conduct and finances

The conduct of a party is a factor that can affect financial claims on divorce, but only where that conduct is such that it would be inequitable to disregard it. Personal misconduct has to be extreme for it to have relevance, and adultery would not usually have any bearing on the division of finances. Financial misconduct is more likely to be taken into account, but only where it is shown to be a wanton and reckless dissipation of matrimonial assets. That is a high threshold. Lily Allen’s lyrics refer to her husband buying an expensive handbag for another woman. If gifts for a new partner are bought using matrimonial assets then there could be an argument to ‘add back’ the amounts spent. It would be a better argument if this were a pattern of behaviour with significant expenditure, rather than one handbag alone, which may not meet that high threshold.

·        Privacy and alternatives to court

For a couple in the public eye, or anyone who values discretion, keeping matters out of court can be a priority. There are numerous ways to resolve matters confidentially, including mediation, solicitor-led negotiation, private financial dispute resolution hearing (a “pFDR”) , and arbitration. A pFDR is where a private judge (usually a barrister) is appointed to hear from both parties’ representatives and give an indication of what they think a court would do, in order to facilitate negotiation. Arbitration goes one step further; the privately appointed arbitrator (the ‘judge’) gives a binding decision. The courts have increasingly emphasised the need for couples to consider non-court dispute resolution early on, and throughout the process.

·        A supportive, trauma informed approach

Lily Allen’s lyrics also touch on difficult topics, such as a suggestion of controlling behaviour and addiction issues. Those sorts of challenges can make navigating a divorce especially difficult. In those cases it is important to build a strong professional team that can offer the right sort of support. At Burgess Mee all our lawyers are trained to be ‘trauma informed’ and we frequently work with therapists, divorce consultants, financial advisers, and parenting coaches to give our clients the support they need throughout the process.

The above are by no means an exhaustive list of the kind of points that might arise in a case like this – issues such as appropriate jurisdiction or the arrangements for Lily Allen’s children could also come into play. West End Girl is a reminder that the breakdown of any marriage is rarely straightforward. Seeking legal advice early on, and having the right support around you, can make all the difference.

If you would like to have a conversation with one of our expert lawyers about your own divorce, or about any of the specific themes raised in this post, please contact us at mail@burgessmee.com.

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