Having offered divorce and related financial settlement advice to couples jointly using the Resolution Together approach (“One couple, one lawyer”) since July 2024, I am now able to look back and consider the benefits of the service compared to the usual route of each party taking independent advice.
Whilst many couples see hourly rates of lawyers and gulp, if you instruct the same lawyer when going through a divorce, there are savings to be gained, where the service is suitable.
What would be involved with separate lawyers
The usual process would be for both parties to engage separate lawyers, each paying for initial meetings; then the separate lawyers would communicate to agree in what form they would exchange financial information, work with their clients to put that together, exchange and then be able to move forward to consider any expert input from valuers or pensions advisers that are needed. That stage alone, before you even get to sort out expert evidence and move forward to negotiating, could take 2 months and cost each party £2,000 – £5,000 depending on the complexity.
How is Resolution Together different?
As one example, in one of my first joint meetings with a couple in the Resolution Together process, we achieved the following in two hours together:
- Went through both parties’ draft forms E (financial disclosure) – I had given the forms to each of them to complete in advance.
- Clarified anything not clear on their forms.
- Discussed discrepancies between their figures for jointly owned assets so that we could identify what could be agreed and what would require further valuation evidence.
- Recorded their combined resources in one excel spreadsheet so they could see their “pot” on a page.
- I advised them on the main legal principles which would govern the financial settlement so that everyone was clear on the direction of travel and the likelihood of either of them being able to retain the marital home and having to share their pension provision.
- I explained the questions we would need to put to a pensions on divorce expert (PODE).
- Discussed the pros and cons of putting the house on the market before the settlement terms were agreed.
For the clients, this one meeting gave them clarity on the likely settlement structure and why that was needed and avoided what would have taken 2 months to achieve with separate lawyers preparing and exchanging financial disclosure. There is minimal scope for confusion as both of them hear the same advice at the same time. Whilst there are always follow up questions after a meeting to clarify points, all that is done openly between the three of us too.
For me as the solicitor, it was so beneficial to be able to hear from both parties at the same time as to what they thought about the value of the house and what points they each accepted and what they were concerned about. When dealing with just one party, we remain in the dark about what their spouse/civil partner might be thinking for a long time.
In another case, we have received a surveyor’s report valuing several commercial and residential properties. This report came back with a value which surprised both parties and we are now sorting out a meeting with the surveyor to discuss the report. That is not something you can normally do when separate lawyers send joint instructions to one expert as you then tend to correspond in writing and do not have access to that expert to discuss the report and queries on it openly in the same way.
It does not mean cutting corners on the detail or compromising on taking any expert advice on valuations, tax or pension sharing.
When you instruct the same lawyer
The flexibility and speed of this process is proving beneficial and, so far, my experience of it is that it is refreshingly different: my clients are even laughing during meetings. Helping couples go through what is one of the most difficult experiences of their life, whilst maintaining their friendship and respect for each other is very special. For anyone considering separating who wishes to discuss ways to achieve an amicable and smooth way through the process, do get in touch. We offer a free 30 minute initial consultation for couples where this new service is explained and options can be explored.
Contact our Family Law team to discuss booking your free 30 minute initial consultation if you are looking to instruct the same lawyer.