We are living in unprecedented times, where change is no longer a question of ‘if’ but ‘when’. Just as the institution of marriage no longer represents the majority of modern couples, it makes sense that the way the modern couple choose to separate would follow suit. What is Resolution Together and can we divorce and stay friends?
This is perfectly illustrated by the very public divorce of British singer and Coldplay frontman, Chris Martin and Gwyneth Paltrow who chose the root of “conscious uncoupling” going to great lengths to ensure the right language surrounding their separation showed the public that their separation was amicable and mutual and that they bore no ill-feeling towards each other. They have continued to navigate their lives post-divorce in the same vein with kindness and grace.
It makes sense then that in these changing times, the legal institution has followed suit with the passing of the Divorce, Dissolution and Separation Act which for the first time, allows couples to make a joint application to end the marriage together. The introduction of this has resulted in the innovative new model that is Resolution Together giving couples a path to divorcing amicably. We are proud to be able to offer this one lawyer, two client approach here.
What is Resolution Together?
Resolution Together is a new advice service where separating couples choose to instruct one lawyer to work with them jointly. Instead of having to resolve the various issues that arise following the breakdown of a marriage through lengthy and often expensive negotiations between solicitors, your lawyer will be able to guide you on the legal parameters for settlement in a neutral way which would be fair to both of you and minimises scope for conflict or potential disputes. This type of negotiating is not only beneficial from a financial standpoint but especially where there are children of the family and a positive co-parenting relationship is the most important thing to preserve.
At the outset your lawyer will provide you both with a clear outline of steps that need to be taken, and will lead you through the initial separate meetings which are designed to check this process is suitable and safe, then into joint meetings which cover all the financial disclosure required to enable meaningful legal advice to be given.
If after hearing that advice, the couple are able to agree a settlement, their shared lawyer can help them finalise the agreement reached into a binding court order.
During your joint meetings information will be shared freely between you and your lawyer will guide you to seek expert advice where necessary (for example to confirm asset values or advise on pension sharing) so it is not a short-cut and will cover all the details required to provide accurate advice.
Experts can also join meetings so that their findings can be discussed to assist with settlement negotiations and ensure everyone understands what are sometimes very complex issues.
Who is Resolution Together suitable for?
Resolution Together is not suitable in cases where there are ongoing or unresolved issues or allegations of domestic abuse or there are safeguarding concerns for children. It is also unlikely to have a positive outcome where there are high levels of animosity or conflict or in some circumstances where there may be an imbalance of power.
We will meet with you and your spouse or civil partner for separate meetings to assess whether Resolution Together is the appropriate course of action for you both. The factors considered will be clearly set out to you at this stage.
Sarah Atkinson is our Resolution Together specialist and would be happy to provide you both with an initial consultation where she can consider your circumstances and guide you as to your next steps.
This article was written jointly by Chanelle Kimber, solicitor, and Sarah Atkinson, partner, in our Family Law team.