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. Couples can mediate alongside the Resolution Together process.
Providing both parties have the shared aim of achieving a fair outcome for both of them and their family, there is no conflict of interests, the joint advice service will usually 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 however 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.
Further, where one party may not be as emotionally ready to engage in the process as the other, suitable support can be arranged e.g. from a divorce coach or therapist.
Step 1
Individual meetings with each spouse to assess suitability.
Before beginning the joint process, we will meet with each party individually to assess your situation and to assess whether the Resolution Together approach is suitable for your particular circumstances.
The individual meeting has several important 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 any potential obstacles or issues that may affect the feasibility of working together in this model.
- 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 fully and frankly.
These meetings are charged for on an hourly rate basis and will last between one and one-and-a-half hours with each spouse.
Step 2
First joint meeting
In this session, both parties meet to clarify the next steps, and an agreed plan/ timetable is mapped out.
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.
This meeting is charged for on a time-spent basis and typically lasts between one and two hours.
More details and tailored estimates of the costs of the process will also be confirmed.
Step 3
Gathering of financial information
The couple will work on their disclosure (this can be done between them collaboratively or separately, whatever works best for them), requesting evidence in support just as they would in a court process. This ensures all information taken into account is accurate and complete.
Step 4
Review of financial information
Your solicitor will review the key financial details, including property ownership, pensions, income and any business assets, to ensure they have a complete and accurate picture.
The solicitor will then prepare a financial summary reflecting the entirety of resources available for division. The requests can be done via email, and both parties will be copied into all correspondence for transparency.
Step 5
Expert advice/evidence obtained
Expert evidence/advice may be required to reach an overall resolution in situations where:
- The couple are unsure about property valuations – estate agents or a surveyor can be jointly appointed to provide a value to work with.
- There are business interests which need to be valued – a specialist accountant/ forensic accountant can be asked to confirm the value, liquidity and earning potential of a business.
- Tax/ CGT advice is required to assess any tax that would be incurred if assets are sold or transferred and ensure any 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 structures (including trusts), and input can be obtained from a financial adviser to talk through settlement options, as well as provide cash-flow modelling.
In all these eventualities, experts can be instructed on behalf of the couple, and the expert can join a meeting to explain their recommendations and advice.
Step 6
Advice on fair settlement options
The solicitor will set out potential settlement options which would be fair and consider the wishes of both parties, aiding negotiation and reaching of an overall agreement.
This advice will be sent out in writing to the couple ahead of a joint meeting to discuss it.
Step 1
Individual meetings with each spouse to assess suitability.
Before beginning the joint process, we will meet with each party individually to assess your situation and to assess whether the Resolution Together approach is suitable for your particular circumstances.
The individual meeting has several important 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 any potential obstacles or issues that may affect the feasibility of working together in this model.
- 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 fully and frankly.
These meetings are charged for on an hourly rate basis and will last between one and one-and-a-half hours with each spouse.
Step 2
First joint meeting
In this session, both parties meet to clarify the next steps, and an agreed plan/ timetable is mapped out.
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.
This meeting is charged for on a time-spent basis and typically lasts between one and two hours.
More details and tailored estimates of the costs of the process will also be confirmed.
Step 3
Gathering of financial information
The couple will work on their disclosure (this can be done between them collaboratively or separately, whatever works best for them), requesting evidence in support just as they would in a court process. This ensures all information taken into account is accurate and complete.
Step 4
Review of financial information
Your solicitor will review the key financial details, including property ownership, pensions, income and any business assets, to ensure they have a complete and accurate picture.
The solicitor will then prepare a financial summary reflecting the entirety of resources available for division. The requests can be done via email, and both parties will be copied into all correspondence for transparency.
Step 5
Expert advice/evidence obtained
Expert evidence/advice may be required to reach an overall resolution in situations where:
- The couple are unsure about property valuations – estate agents or a surveyor can be jointly appointed to provide a value to work with.
- There are business interests which need to be valued – a specialist accountant/ forensic accountant can be asked to confirm the value, liquidity and earning potential of a business.
- Tax/ CGT advice is required to assess any tax that would be incurred if assets are sold or transferred and ensure any 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 structures (including trusts), and input can be obtained from a financial adviser to talk through settlement options, as well as provide cash-flow modelling.
In all these eventualities, experts can be instructed on behalf of the couple, and the expert can join a meeting to explain their recommendations and advice.
Step 6
Advice on fair settlement options
The solicitor will set out potential settlement options which would be fair and consider the wishes of both parties, aiding negotiation and reaching of an overall agreement. This advice will be sent out in writing to the couple ahead of a joint meeting to discuss it.
Step 7
Further meetings
These are arranged as needed when financial information has been gathered to facilitate further discussions between the couple to try to help them reach an agreement.
Step 8
Finalising 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.
Mediation involves a neutral third-party mediator who facilitates open discussions between separating couples to help them work towards a mutually agreeable solution. However, mediators cannot provide legal advice during the process, and most mediators will not draw up paperwork to bring any mediated agreement onto a binding footing. An independent solicitor will still be needed for this purpose.
By contrast, Resolution Together involves a neutral solicitor who performs a similar role to that of a mediator but with the added benefit of providing legal guidance and support. This solicitor can gather relevant information, advise both parties on their legal options, and assist in developing a proposed financial and parenting settlement, and who can then draw up any necessary paperwork or draft Court orders.
