It has recently been reported in the Daily Mail that Will Smith and Jada Pinkett-Smith may be separating after a 13 year long marriage. The Daily Mail had reported previously that they were definitely heading for divorce but are now reporting that the couple are denying rumours of divorce but admitting that the marriage is in trouble. This is disappointing to hear on a personal note as I am sure many of us thought that these two were rock solid, especially given how both of their nature’s as actors are perceived in a very positive and humorous light. The highly famous couple have two children of the marriage and it has been reported that they earned £20 million between them last year alone. If the couple do decide to separate then hopefully this will be in an amicable manner and clearly on the basis of the figures last year alone, they will have enough assets to divide equally without any courtroom battles taking place. Hopefully the same reasonableness will be echoed when dealing with the care arrangements for the children and agreeing to a shared care arrangement. Although I would not be surprised given the rise of both children’s celebrity statuses, that they decide to buy their own homes and choose to live away from their parents. Taking into account all four family members busy work schedules, they will just arrange to see each other a few times a year at Christmas, Thanksgiving and Birthday celebrations! You cannot help but think that this would not be a messy, acrimonious divorce and it is likely that they would choose the ground of "irreconcilable differences" to use in the divorce petition to prove irretrievable breakdown of the marriage. Unfortunately in England and Wales, this is not a ground that exists, much to my client’s disappointment when they are led to believe it does. The court’s are still old fashioned in this context as an element of blame is still required to end a marriage or a long period of separation is needed. Personally I believe that we should introduce irreconcilable differences as a ground as I know the majority of my client’s would opt for this and it would make the divorce proceedings a lot less heated. No one particularly wants to read a list of their bad habits and worst features in the case of citing unreasonable behaviour and this can add fuel to the small fire that may exist when married couple’s separate. I also find that people do not particularly want to wait 2 years or 5 years for a divorce as they feel their lives are kept on hold and it can also add complications in relation to the finances.
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