Resolution Together

Many couples who separate want to avoid a costly legal battle and simply need guidance on how to achieve a fair outcome for them both and their children if they have them.

Since the change to divorce law in April 2022, which enabled couples to apply jointly for a divorce in England & Wales, around 20% of couples have chosen to do that together rather than one divorce the other.

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

Joint advice for couples divorcing

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 which allows a couple to work with one lawyer to seek expert 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 of 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.

When it will not be suitable

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. 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.

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 process:

To view the above process in full, please click on the flowchart or click on the ‘Downloads’ section on this page.