Quickie divorces unrealistic in heartbreak hotel

The unconventional answer to separation, Divorce Hotel, based in the US, has recently received considerable attention; the press have reported that the new Saratoga Springs Gideon Putnam resort in New York state plans to open its doors to guests this autumn. Its website confirms that Divorce Hotel involves mediation to provide a 'professional, fast and affordable way of divorcing' intended to take place over a weekend in a hotel.

The idea of mediation taking place in a hotel environment is unorthodox, and Divorce Hotel’s claim that it offers a fast way to divorce is misleading and adds fuel to the fire ignited by press reports on the celebrity ‘quickie divorce’.

In England and Wales the divorce process generally takes three to six months from the date of issue of proceedings. Although the US is subject to different legislation, the divorce hotel concept is representative of a trend that seems to state that the divorce process is easy. This is of some concern, particularly if the trend makes its way to the UK.

In fact, the focus of any mediation sessions for divorcing couples is not likely to be on the divorce process itself but on resolving financial matters and arrangements for any children. There are various available methods for this, including collaborative law, solicitor-led negotiations, arbitration and court proceedings.

If parties decide to embark on mediation, mediators will first advise both parties to engage in full and frank financial disclosure in order that they may make an informed decision in light of complete matrimonial assets. Parties should also have the opportunity to take legal advice during the course of engaging in mediation should they choose to do so.

Unrealistic and irresponsible

Financial settlement will have a life-long impact and it is therefore crucial that parties are not rushed into making any decisions. Suggesting that agreement can be achieved over a weekend is therefore not only unrealistic but irresponsible, encouraging ill-informed and rash decisions.

In any event, once agreement is reached, parties will need to instruct solicitors to formalise the terms of settlement into a court order to achieve dismissal of their financial claims. The current process of court approval of financial orders can certainly not be achieved within 48 hours.

Many clients are focused on retaining dignity and amicable relationships following a separation and this can certainly be achieved where both parties show a commitment to do so. However, there can be no substitute for parties receiving specialist advice from suitably qualified professionals and understanding the options available to them, including mediation. Client confidentiality in our jurisdiction is a matter of the utmost importance. Would clients, at this difficult time in their lives, feel comfortable advertising their predicament to the public as they walk through the doors of the Divorce Hotel?

Intense mediation

Arguably, the Divorce Hotel
does no more than offer a venue
for intense mediation. Whether
such concentrated and accelerated mediation should be encouraged or, indeed, is likely to be constructive, is a contentious issue.

Decisions of this gravity should certainly not be hurried and parties should not feel under pressure to reach an agreement over the course of a weekend. There are far too many variables to consider and too much information and advice to be gathered before settlement should be contemplated, otherwise parties risk entering into a deal which they will live to regret, perhaps seduced by the luxurious surroundings of the Divorce Hotel.

The Divorce Hotel offering does not sit comfortably alongside the reality of the legal process for divorcing couples.
It also creates the potential for exploitation of the spouse in
a financially weaker position,
who must not be denied the opportunity to take legal advice or feel any undue pressure to reach agreement within such
a short timescale, especially if
this intense mediation is contemplated shortly after a marital breakdown when emotions can be running high. As family lawyers, we should ensure that clients are not making ill-informed or ill-judged decisions which will potentially compromise their long-term financial security.

While there may be room for improvement in the range of methods of resolution, should the divorce hotel concept arrive in the UK, anyone considering a weekend break with their spouse must be clear that they will not check out with a decree absolute or a financial order. SJ

Tania Derrett-Smith is an associate and Louise Jackson is a solicitor in the family team at Weightmans