Separating is always difficult and there is often a fear by both parties of “what will happen”. Most people think about the traditional option of instructing separate solicitors or going to mediation, there is however an alternative…
The one lawyer approach
This is relatively new and is different to the traditional options and approach. If you are separating and are able to have productive discussions between you, then this could be a solution for you.
At Awdry Law, we follow the Resolution model for this approach. Resolution is an organization that was created by family lawyers who believed that a non-confrontational approach to family law issues would produce better outcomes for separating families and their children. Our team are members of Resolution.
The model confirms that where parties are committed to working together to reach a common goal, then there is not a conflict of interest and we can advise both of you. The model works around the shared interests that the separating couple has and advice is given surrounding the court’s approach to help facilitate negotiations, resolve issues together and assisting in creating a positive outcome for the family as a whole.
This approach will mean that we have an initial meeting with you both together to discuss how the model works. Part of our role is to assess whether it is appropriate for a separating couple to use this approach and following the joint meeting, we will have separate meetings with each of you to discuss any concerns and for you to each clarify your position. Those meetings are confidential and mean that we can really explore with each of you whether the one lawyer approach is really for you.
Once it has been agreed and you have both confirmed you are committed to resolving issues together, then we ask that financial disclosure is provided so that we can then advise you as to the court’s approach and discuss matters together (and separately if needed).
As part of our discussions we can consider how best to manage arrangements for children and different options available whilst you are separating.
There is no set number of times for us to meet and each couple will be different and approach issues in different ways. The approach is to find a solution that is workable and benefits your family as a whole.
The approach is flexible and tailored to your family, we can even set “targets” in terms of the discussions you will have separately from us. By breaking all of the issues down in to more manageable chunks, it means that if you both have questions and queries then we can resolve issues as we go.
It is important that there is an understanding that differences do not always mean conflict, it is about referring back to the common intention and exploring how to resolve the issue.
Our lawyers are extremely experienced and are able to offer constructive advice as to the Court’s approach, even where the couple believes their matrimonial finances are complex. Our lawyers regularly attend court where the Resolution Together approach is not appropriate and are aware as to how the Court considers matters. Our lawyers also ensure that they are up to date and will consider any new developments in the law that may assist you and your family.
We offer free initial appointments to discuss your options and we are able to utilise this appointment to see you both jointly. With five offices across Wiltshire, click here to contact your local office today to arrange yours.
