Resolution Together

Resolution Together is a new approach to Family Law where couples consult the same lawyer together instead of taking legal advice separately.

Many couples who separate want to avoid a costly legal battle but still need advice on how to achieve a fair outcome for them both, and their children if they have them. Advice cannot be given in mediation and sometimes couples struggle to reach an agreement in that context without legal support.

Since the change to divorce law in April 2022, which enabled couples to apply jointly for a divorce in England & Wales, over 20% of couples have chosen to do that rather than one divorce the other. It makes sense for them also to be able to deal with financial matters jointly.

Taking the animosity out of the divorce process is possible, with an amicable split better for all parties, and especially where children are involved.

Resolution Together: Joint advice for divorcing couples

Our divorce advice service for couples follows the SRA-approved Resolution Together model and enables suitable couples to jointly consult one solicitor to advise them on the divorce process and help them gather all relevant financial information, obtain any expert evidence or advice required (for example, to value properties, business interests or advice on pension-sharing options) and advise them both on fair settlement options.

Resolution Together is a wholly advice-based service that allows a couple to work with one lawyer when seeking advice to help them make a consensual decision about the outcome of their separation.

This avoids the risk of each spouse consulting separate lawyers and then becoming polarised, each striving for their best-case scenario, resulting in a lengthy, stressful and costly negotiation/court process only to meet in the middle anyway.

It also cuts out the significant cost of all communication that would otherwise take place between two lawyers. That cost cannot be underestimated.

The experienced head of our specialist Family Finance team, Sarah Atkinson now offers a joint advice service for divorcing couples, having completed the Resolution Together training in London. She will guide couples through the process, not representing either’s individual interests, to advise them on a fair outcome for them both, considering the current legal principles and the approach a court would take.

As partner and head of the specialist Family Finance team, Sarah has almost 20 years’ experience advising clients on divorce and financial settlements. She promotes a constructive approach to resolving family issues and is ranked as a Band 1 ‘Leader in her Field’ in Chambers and Partners, a definitive legal guide.

Resolution Together for an amicable divorce

So long as both spouses have the shared aim of a fair outcome for both of them and their family, there is no conflict of interests, and the joint advice service will be suitable.

This should:

• Minimise the stress of the divorce process
• Enable couples to remain on good terms, which is especially important where they share children and grandchildren
• Enable swifter progress to be made towards a resolution
• Avoid the need to go to court and all associated delay
• Reduce the cost significantly – with the couple sharing the cost of one lawyer and avoiding the need for two lawyers to communicate.

The model is an alternative approach to the traditional negotiations through separate solicitors and is suitable for any couple so long as the above conditions are met. The complexity of the financial resources the couple have is not a barrier to working in this way as all expert advice from accountants, tax advisers, financial advisers and pensions experts can be obtained jointly.

Where one spouse is not as emotionally ready to undertake the process as the other, suitable support can be arranged such as from a divorce coach or counsellor.

Recognising that no two cases will be the same, the team of experts needed would be tailored to the couple.

The Resolution Together process:

Step 1

Initial 30-minute free consultation with the couple

To explain the process, explain the costs involved and timescales and check if you wish to proceed. (No legal advice will be given, and no details will be taken of your personal circumstances.)

Step 2

Separate meetings with each spouse to assess suitability

These are charged for on an hourly rate basis and may last between one and one-and-a-half hours with each spouse.

This has several purposes:

• Safeguarding – we will check for any signs of abuse or unlawful activity (for example fraud), safeguarding concerns about an adult or child, any signs of a significant power imbalance that cannot be managed during the process.

• To ensure both spouses have capacity and can voice what they want to achieve and make decisions for themselves and to share information freely with the other throughout the process.

• To ensure both spouses are willing to negotiate.

• To ensure both spouses want to achieve a resolution which is fair based on the current law and in the best interests of both of them and their children if they have them.

• To go through the terms of the engagement /retainer letter which will set out the obligations that come with engaging in this process.

• To explain the financial disclosure required during the process and ensure both spouses are committed to providing that.

Step 3

First joint meeting

This is charged for on a time-spent basis and could last anywhere between one and two hours.

First, the couple and the lawyer will sign the agreement to confirm the basis on which they will work together, and each spouse will sign their engagement/retainer letters. That way both spouses are signed up to a process involving the open sharing of all disclosure so the process of information gathering can begin.

Detailed discussions will then take place about the financial and other information they each need to gather and what expert advice may be needed beyond legal advice, just as separate lawyers would do in the usual process.

Guidance can be given on the options for starting the divorce process so the couple can start that themselves either at or after the meeting.

More details and tailored estimates of the costs of the process will also be confirmed.

If one spouse is more emotionally ready than the other, support from a divorce coach can be discussed and arranged for the person who needs that support. Time can be allowed for that to ensure further meetings can be as productive as possible. The financial information can take time to gather, and so initial emotional support can fit in alongside that stage.

Step 4

Gathering of financial information

The spouses will work on their disclosure separately, requesting evidence in support just as they would in a court process. This ensures all information taken into account is accurate and complete.

Step 5

Review of financial information

The lawyer will review the disclosure provided by each spouse and openly request any additional information, documents or clarification needed. The lawyer will then prepare a financial summary of their pot of resources available for division. The requests can be done by email and both parties will be copied-in to all correspondence for transparency.

Step 6

Expert advice/evidence obtained

The lawyer is one part of what is likely to be a team of professionals needed to resolve all the issues faced by a couple. Expert evidence/advice is commissioned in any divorce case where:

• The couple are unsure about property valuations – a surveyor is then jointly appointed to provide a value to work with.

• There are business interests which need to be valued – a specialist accountant is asked to confirm the value, liquidity and earning potential of a business.

• Tax advice is needed to net down values of assets to account for tax that would be incurred if they are sold or transferred and ensure the settlement is as tax-efficient as possible.

• There are pensions which require an actuary’s input to advise on the options to share their value. These options include pension sharing orders, pension attachment orders (in rare cases) and offsetting, where cash is receiving in place of a share of a pension.

• There may be complex financial assets, and input can be obtained from a financial adviser to talk through which assets are best to retain or sell, as well as cash-flow modelling for the spouses to check whether income needs would be met by various approaches in the different stages of life.

In all these eventualities, experts can be instructed on behalf of the couple and the expert can join a meeting to explain their findings.

Step 7

Advice on fair settlement options

The lawyer will set out one or more potential outcomes which would be fair according to the law and consider the wishes of both parties. This advice will be sent out in writing to the couple ahead of a joint meeting to discuss it.

Step 8

Further meetings

These are arranged as needed when financial information has been gathered to facilitate further discussions between the spouses to try to help them reach an agreement.

Step 9

Formalising the settlement

Once an agreement is reached, there is a 14-day cooling off period. That way the couple can think through whether they wish to be bound by the agreement. They can each take independent legal advice should they wish to.

After the 14 days, if there are no objections, the lawyer will prepare the documentation they need to send to the court to ensure they have a binding financial consent order. If they prefer, this can be done in the form of a separation agreement outside of a divorce process. The pros and cons of both will be explained.

The process will be tailored to the couple’s needs and assets and so this is not offered on a fixed-fee basis.

Frequently asked questions:

What is Resolution Together?

Resolution Together is where a couple jointly take advice from one divorce lawyer. They give instructions transparently and both receive the same advice at the same time. This avoids the cost and polarisation which can happen when couples instruct two separate lawyers. This should speed up the process and reduce costs.

It is all conducted on a without prejudice basis, just like mediation, so negotiations within the process cannot be revealed to a court at a later date unless both parties agree.

It is like mediation but with neutral legal advice.

When can Resolution Together be used?

As long as both spouses have the shared aim of achieving a fair outcome for both of them and their family, there is no conflict of interests, and the joint advice service will be suitable.

The couple will need to be able to work constructively together and feel comfortable voicing what they would like for themselves in joint meetings. They will also need to be willing to give full disclosure of their respective circumstances to the other.

This service will not be suitable for all couples, for example where there has been a history of abuse or coercive control, or where there is a significant power imbalance that cannot be overcome by obtaining neutral advice.

Can Resolution Together be used for divorce?

Yes. Although the Resolution Together lawyer will not be formally on the record as the representative of either party, they can guide the couple through what they need to do to achieve a divorce and financial settlement.

What is the process for resolution together?

The process is tailored to the specific couple’s circumstances so it depends on the complexity as to how long it may take and how many meetings may be required.

A step-by-step guide can be found here.