There is an expectation of the right to a private and family life under the European Convention for the Protection of Human Rights, Article 8. Thus when a couple are divorcing and the financial aspects need to be negotiated, the last thing they expect is that their personal financial situation could potentially be aired in an open public court.

When a divorce is initiated at the Decree Nisi stage the parties’ last names are usually read out in open public court. Generally though, family cases are dealt with in private. Whilst the press can apply to be admitted, in practice, this is rarely done. However, if financial matters related to the couples’ divorces end up being dealt with in the High Court, or are the subject of an appeal, then there is the potential for the media to have access to such private financial information.  This is particularly the case with divorcing couples in the public eye – Madonna, Paul McCartney to name a couple.

Imagine… the Chief Executive of an inner city investment firm is going through a divorce and a financial settlement cannot be reached, the case goes to the High Court and the press are allowed to report on their financial dispute. The accounts, investments, expenditure and capital of the couple could be out there for the public to see which could of course include, business contacts, potential investors, clients and colleagues etc.

As seen in news reports recently Liam Gallagher and Nicole Appleton are set to lock horns as they attend court to try and settle financial issues connected to their divorce. Furthermore, it is not just the celebrities that can be of interest to the press.

However, Mr Justice Mostyn, who is going through divorce proceedings himself, has ordered that the details of the financial dispute shall not be made public and limited as to what can be reported. Mr Justice Mostyn stated “Reporting how a case is conducted, and what legal points are raised, in an abstract way is one thing; laying bare the intimate details of the parties’ private lives is altogether another.”  Mr Justice Holman disagrees.  He deals with financial cases in open court, sending a clear message to divorcing couples – sort things out, or expect details about your private life to be made public.

Of course the benefit of having such transparency in the law illustrates how legal principles are applied in such circumstances, giving the public access to their own justice system. After all the public do have a right to know what is being applied in the courts they fund, and there is certainly a thirst for it. For lawyers, cases are reported all the time.  This is to inform lawyers about any changes in applications of the law – Mr Justice Mostyn states, it is the legal arguments that constitutes the main basis of reporting such judgements not the parties’ names. It would seem that the rights of journalist and their freedom of the press override that of the parties who are emotionally involved!

For legal advice with regard to this or any other aspect of family law, please contact us on 01484 538421 or via e-mail.