Working Together
Working Together
Working Together is a cooperative approach whereby one Solicitor works jointly for both parties, managing their divorce.
It is only appropriate for those who have a broad agreement about the outcome they want to achieve and is not suitable where there is any power imbalance, abuse or significant conflict.
However, when both parties are able to work together reasonably amicably it can lead to a calm and dignified outcome, which is especially good if children are involved.
It is only appropriate for those who have a broad agreement about the outcome they want to achieve and is not suitable where there is any power imbalance, abuse or significant conflict.
However, when both parties are able to work together reasonably amicably it can lead to a calm and dignified outcome, which is especially good if children are involved.
How Does Working Together Work?
- The Solicitor works for the couple together, to manage them through the process, so does not give individual advice or advise on the “fairness” of the agreement
- The couple need to share all financial information and documentation willingly and be in broad agreement about the final desired outcome in terms of children, property, finances etc.
- Whilst some emotional distress is fine (and understandable) there must be no conflict, and the couple need to be capable of meeting and discussing issues amicably
- Other professionals such as financial advisors can be brought in to offer advice but they too would operate on a fully joint basis, so can give facts but not advice
- After an initial joint meeting the Solicitor holds individual meetings to determine if there are any reasons why Working Together is an inappropriate strategy. These include
- Checking for safeguarding issues
- Ensuring that each party can challenge the other and be comfortable asking questions with no fear of repercussions
- Identifying whether either party has any knowledge gaps e.g. if one person has always dealt with the finances
- If Working Together is not appropriate for the couple, they will be offered advice on other options such as mediation or collaborative law
- As you can imagine the number of couples for whom Working Together is appropriate will be quite small, however when this approach can be used the couple do tend to be content with the outcome and the lack of conflict has a very positive ripple effect, which is especially beneficial if children are involved.
Justine Soper – Working Together Solicitor
It is important to emphasise that with this way of working Justine’s role is not to tell the couple what is a fair division of assets, i.e. to act like a Judge. She would provide advice to both parties together, giving information on the law, and the factors a Court would take account of, along with those that wouldn’t be relevant. This is in order to enable the couple to discuss everything together, with Justine’s assistance, ultimately reaching agreed decisions together
Please do get in touch with Justine to learn more about the Working Together process.