One of the changes flowing from the change to divorce law last year – the so-called “no fault” divorce – is the development of a scheme where separating couples can retain one legal professional to advise and assist them in reaching an informed and agreed outcome.
A single lawyer working with the couple is a considerable departure from what is otherwise everyday practice for family lawyers. This new approach of working together recognises that an increasing number of individuals and couples would prefer to resolve matters together with a single lawyer.
For the couple, commonly this is because they:
- May consider they are essentially in agreement about how they hope to work out their parenting arrangements and / or their financial situation; and wish to do so amicably and with dignity
- May believe that such differences as exist between them are resolvable with the assistance of specialist advice and support
- May prefer to have advice that is aimed at their joint benefit or for the benefit of their family as a whole
For the family lawyer dealing with this scheme, they will want to be assured that the couple are:
- Seeking to work amicably and by consensus together
- Able to demonstrate appropriate emotional readiness
- Committed to finding their own solutions / outcomes in a cooperative manner
- Willing and have the capacity to give required and appropriate financial or other required disclosure.
When is working together not appropriate?
If it is apparent there is a conflict between the couple that is more than a difference which both consider can be resolved once they have assistance from their family lawyer explaining the legal aspect and particular factors they must take account of.
In addition, if there is any safeguarding issue, such as one of the couple being unable to challenge the other or put across their own views due to controlling behaviour from the other or if one of the couple is just looking to persuade the other to their way of thinking.
Other professionals
Within the Working Together scheme, other professionals can be instructed to assist the couple in their joint decision making, such as a Pension Actuary to assist in considering pension division, or Financial Planner to consider individual ongoing investments to help with income provision or retirement planning for example; or a Family Consultant to provide therapeutic help either individually or as a couple, to assist with the emotional aspect of dealing with these discussions.
Resolution
I have undertaken the training provided by Resolution in relation to this scheme. Resolution is a national body of family lawyers, mediators and other professionals who work in family law. We all sign to a code of conduct to deal with family law matters in a constructive way and to
encourage our clients to do so as well.
If you are separating from your partner and think the Working Together approach could be the right way forward for you both, please get in touch with Justine to talk through your present situation.