With the introduction of the new divorce laws now allowing couples to make joint applications, is it time for family law firms to offer a ‘one lawyer, two clients’ service? The family lawyers organisation, Resolution, certainly think so.
After campaigning for the new ‘no fault’ divorce laws, which came into practice in April (meaning individuals or couples can simply apply for a divorce without having to blame the other for the breakdown of the marriage), Resolution have announced it is to start promoting the ‘one lawyer, two clients’ model for divorce.
Last November, Resolution foresaw a future where lawyers acted for both sides of divorces as a matter of course. “With the introduction of no-fault divorce and, for the first time, the opportunity to make a joint application that came with it, demand for this type of approach is only going to increase” says Resolution chair Juliet Harvey “that’s why we want to provide a way of working under the Resolution banner, in keeping with our code of practice.
”The principles and standards for 'Resolution Together' refer to the relevant parts of the SRA, Bar Standards Board and CILEx Regulation codes and lay out how a single lawyer could work with, and advise, a couple together in suitable and appropriate cases and sets out how regulatory issues are to be handled.
Of course, this approach would not be suitable in every case such as :-
• Involvement of domestic violence including psychological abuse.
• Alcoholism or mental health issues that may mean individuals potentially won’t be able to negotiate.
• If one person is unprepared to negotiate and there are finances to resolve
• If assets are likely to be hidden or problems with disclosure issues.
Acclaimed Family Law offer a free 30 minute consultation with one of our expert family law solicitors to discuss your particular circumstances and offer the best legal advice tailored to you.
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