How you separate and how you reach a financial settlement has evolved over time

There is now a push to use alternative methods of resolution and avoid litigious court battles wherever possible. In April 2022 the divorce law changed to allow couples to divorce on a “no fault basis”. No longer did you need to attribute blame and it was hoped that some of the hostility in the process would reduce, which it certainly has in my experience.

Resolution Together was launched in 2022 and is another non-court method of resolving financial matters on divorce, which would hopefully reduce hostility even further. Resolution Together was an obvious next step and fits nicely with that “no fault” divorce. It allows some couples an opportunity to work with one lawyer to achieve a financial settlement and reduce hostility and legal fees.

As a relatively new model, there is a lot of uncertainty around exactly what the process involves.

We’ve put together this guide of the top ten most frequently asked questions we hear around Resolution Together:

1. What is Resolution Together and what are the benefits?

Resolution Together is a method available to separating couples to enable them both to work with the same lawyer, rather than instructing separate lawyers, to achieve a settlement. The model was designed to increase efficiency, reduce hostility between parties, and be more cost-effective.

2. Who is it suitable for?

Resolution Together is suitable for those couples who are willing and able to work together towards a mutually agreed upon outcome. Both parties need to be prepared to share information openly and honestly with one another and be ready to reach a fair agreement that works for all the family. It is particularly attractive to parents of young children who will need to remain in each other’s lives, and who seek minimal emotional damage where their children are concerned – as the process prioritises amicability.

3. Who is it not suitable for?

Resolution Together may not be suitable to those circumstances where there is a history of domestic abuse or safeguarding concerns in respect of an adult or child. Both parties need to also be emotionally ready to engage in this process and to have an equal voice. If there is an imbalance in power that cannot be managed, a different form of dispute resolution may be more appropriate.

4. What if a conflict arises?

Before you embark on Resolution Together, an initial screening process will take place to ensure that there are no red flags which would prevent us from proceeding under this model. If a conflict arises during the process and cannot be resolved with the help of other professionals, we may need to end the process and direct you to another lawyer. However, this will be monitored every step of the way.

5. What about client confidentiality?

This process is entirely without prejudice and should remain confidential throughout. Third parties can be instructed, such as a financial advisor, and information shared with them but only if all parties agree. Both parties sign an agreement which includes a clause on confidentiality.

6. What if one of us needs to take independent legal advice?

That is not a problem and either party can request that at any point. It may be that your Resolution Together lawyer will suggest this if there is an area which may result in a conflict.

7. How much does it cost?

By nature, Resolution Together is cheaper than instructing two lawyers (though is not the cost of instructing one lawyer). We provide bespoke pricing on each individual case, as no two divorces are the same. We offer this service on a fixed fee basis.

8. What if it’s an international divorce?

So long as England and Wales have jurisdiction, we can handle the divorce and financial matters. We regularly deal with divorces involving international assets or where one party is not a UK resident.

9. How long does the process take?

There is no set timeframe and depends on your specific circumstances. Generally, Resolution Together is quicker than other divorce models. The actual divorce proceedings cannot be concluded any quicker than 26 weeks, as is the case across the board.

10. Who would be our lawyer?

Danielle Day, Head of Family Law, is our Resolution Together practitioner. Resolution Together is a new model to resolve financial matters arising from separation and specialist training is required before this model can be offered. Danielle is fully trained to deliver the service.

We recommend having a chat with your husband or wife, and if you decide this is the approach to separation that you’d both like to take, get in touch with Danielle on 07921 451 859.

DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.