In 2022, the government introduced new legislation under the Divorce, Dissolution and Separation Act 202 that allowed couples for the first time to make joint applications to end their marriage. Emma Gray, an associate and trained Resolution Together solicitor in our family law team, addresses some frequently asked questions about the legal process involved.
What is Resolution Together?
Resolution Together gives couples the choice of a more co-operative approach to separation and divorce, with both parties using the same family lawyer, and approaching the process with a shared goal of avoiding potential conflict and saving time and money.
Who is it suitable for?
Resolution Together is suitable for couples who are looking to reach an outcome together, in a way that considers the best interests of all parties and meets the needs of any children involved in the relationship. Both parties must be committed to transparency and open communication, agreeing to share all necessary information and make informed decisions together.They must also agree that the family lawyer, who facilities the agreement process, does not represent either or both in communications with the court, other than where it has been agreed.
Who is it unsuitable for?
Resolution Together is unlikely to be appropriate when issues like abuse, safeguarding concerns, significant power imbalances, mental health concerns or substance misuse are present. It would also be inappropriate if one or both individuals isn’t prepared to negotiate with the other, or where either person intends to, or believes that the other may seek to ‘hide’ information especially about finances. Additionally, complex legal matters, such as international jurisdictional issues, or cases involving potential unlawful acts like fraud or money laundering, require more formal legal interventions. In essence, both parties need to engage willingly and transparently, without any duress, ensuring a fair and balanced dialogue.
Isn’t it just mediation by another name?
It is true that some of the principles relating to Resolution Together are closely aligned to other dispute resolution approaches, such as mediation. However, Resolution Together provides a solution where both individuals are able to receive legal advice on a jointly beneficial basis.
What if a conflict arises?
It is not unusual for separating couples to have struggles or conflicts in respect of what they each believe they could achieve or what it is they want or need.
From time to time, it may well be the case that a ‘conflict’ arises, perhaps due to strongly held beliefs of one or both individuals. When that is the case, it will need to be explored and if it cannot be resolved, then the family lawyer will have to consider the next steps with the couple.
What if it becomes obvious that someone isn’t disclosing everything or is not telling the truth?
When suspicions arise about disclosure or whether someone is being untruthful, it is important to address these concerns promptly to maintain the integrity and trust necessary when adopting the process. This should begin with a candid discussion, where the individual is encouraged to clarify any inconsistencies and provide additional information as needed. If matters cannot be resolved and it continues to undermine process, then it may be necessary to explore alternative solutions.
How can we help?
Emma will guide you through the process, to help you find the right route and achieve a fair outcome. To get in touch call 0121 746 3300.
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