Rory McIlroy’s decision to scrap plans for a divorce from his wife, Erica Stoll were likely heavily impacted by the exorbitant legal fees that went along with it, according to those that know the 35-year-old best. And a legal expert has now outlined the exact fees the golf superstar would have face.
Ahead of this week’s U.S. Open, McIlroy and Stoll opted to each voluntarily dismiss the divorce petition that they filed last month at Palm Beach County State Court in Florida. The couple, who’ve been married for seven years, appeared to have resolved whatever issues were affecting their relationship in the past and expressed a desire to do what’s best for their three-year-old daughter Poppy.
Addressing the recent hearsay surrounding his marriage turmoil, McIlroy told the Guardian, “There have been rumours about my personal life recently, which is unfortunate. Responding to each rumour is a fool’s game. Over the past weeks, Erica and I have realised that our best future was as a family together. Thankfully, we have resolved our differences and look forward to a new beginning.”
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But according to several of McIlroy’s close friends, his shocking split U-turn was largely driven by financial motives. The Northern Irishman is one of the richest golfers in the sport - with recent reports claiming he’s worth £200 million - though allegedly couldn’t stomach parting with a large sum of his earnings in the divorce.
"Perhaps, The cold realisation of exactly how much the divorce could cost him hit hard," one friend told the Daily Mail. "McIlroy has amassed a fortune of more than £200m and his projected earnings in his career are predicted to be more than double that figure.
And legal expert, Lisa Payne, an Associate at Wilsons Solicitors LLP, has outlined the process and costs McIlroy would have likely faced if the divorce proceedings continued. Payne said: "Unfortunately for Rory, and being in the US, the trials are unfolding in the public eye. If this were in the UK, these proceedings would be private.
"Once an application for divorce is filed with the Court and approved, it can only be withdrawn by consent. The party would have to make another application to the Court and would need to explain their reasons for doing so. A Judge would then review and decide.
"This could be a costly U-turn. The Court fee to file an application is currently £593 and the fee to file an application to withdraw could be between £58 - £184. Quite an expensive mistake to make. There are also the legal fees alongside the Court fees.
"There is also the emotional cost. To know your spouse has filed an application in haste is quite something. They made a decision to formally divorce, can they really change their mind overnight? Will this bubble away and cause another application in the future?
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David Cannon/Getty Images)"An application to divorce can be filed with the Court online at the click of a button. There is no requirement to have legal advice in advance. If a party files an application to the Court to resolve the finances on divorce, from April 2024 there are new Rules which mean the person making the application must explain to the Judge why they haven't explored Non-Court Dispute Resolution, assuming they haven’t already. There is no similar requirement in advance of commencing divorce proceedings. U-turn divorces in the UK do occur regularly, and this does raise the question whether there should be a requirement to seek legal advice in advance, or marriage counselling, for example.
"Rory hit 'par' with Erica agreeing to resolve their differences. If she found that Rory's application and actions were something that meant for her, the marriage was then over, the finances on divorce would have to be dealt with.
"If the McIlroys hadn't had a pre-nuptial agreement, everything would be up for grabs, including the prize money following a possible win at the US Open!"
McIlroy’s wallet would’ve likely taken another hit had issues arisen surrounding the prenuptial agreement he signed prior to tying the knot in 2017 at Ashford Castle in County Mayo. Prenups are not enforceable in Ireland, though it’s believed that the legal binding of their marriage was fulfilled in the United States. Regardless, conditions differ on a state-by-state basis.
Speaking to the Daily Mail, one insider divulged: “Under Florida law, there are a number of legal challenges that can be made to a prenup, it's not a ‘done deal.’ For example, a key issue would be is the prenup unfair to Erica - is it 'unconscionable' under Florida's Uniform Premarital Agreement Act and it may not be enforceable on those grounds.
“Basically, you could be looking at the potential for a protracted, extremely messy and expensive legal battle and clearly that is something Rory would want to avoid. It seems like he was headstrong and rushed into this without thinking it through.”
Despite seemingly settling their differences, another one of McIlroy’s friends argued that he and Stoll aren’t out of the woods just yet. "This doesn't confirm they have completely reconciled their differences," they said.
"It's a cooling off period and the next six months will be telling as to whether they can properly patch up the relationship. There is also their three-year-old daughter Poppy to consider. Rory is a doting dad and he has strong family values."
