A new hope for divorcing couples
Not every divorce or separation is a battle. Sometimes the parting of the ways is a mutually agreed outcome and both parties want to move on in a sensible and non-contentious way. Clients in that position will often ask me if I can represent both of them, both to save costs and to ensure that acrimony doesn’t occur when solicitor’s letters start going backwards and forwards. As things stand at present, due to the possibility of a conflict of interest I have to decline. I can only act for one of them.
Things may be changing. There is an increasing trend for people to use alternative forms of dispute resolution such as mediation or arbitration. This has been emphasised by the new divorce laws which for the first time allows separating couples to file a joint application for a divorce. The law evolves all the time and Resolution, a body representing c6500 family lawyers who are committed to a non-confrontational approach to the issues arising on separation, has been looking into this issue.
This does now seem likely to be an option in the near future.
They recently launched “Resolution Together,” an initiative to allow one lawyer to represent two clients. They believe it will be suitable for clients who want to work together to resolve their affairs when they separate. As there are potential regulatory issues that arise from this, they are working with the Solicitors Regulatory Authority to ensure that what they are proposing does not fall foul of the current code of conduct and legislation. They are confident that the scheme they are suggesting can work within the existing regulations.
All the details are yet to be published and once the SRA are onboard, Resolution will be offering training and guidance, but this does now seem likely to be an option in the near future. There are bound to be safeguards as family law is an area where very real conflicts of interest can arise, not all of them apparent to separating couples at the outset.
This will not be suitable for everyone but for many who want an easier and more amicable approach, this may prove to be a very attractive option. Watch this space!
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.