Understandably many separating couples:
- Need guidance on available options and how division of the matrimonial finances works.
- Need guidance on how to achieve a fair and workable outcome on the matrimonial finances.
- Need guidance on how to achieve fair and workable child arrangements.
- Want to avoid attending court hearings.
- Want to keep their legal costs down and avoid often unaffordable legal costs associated with contested court proceedings.
- Don’t want to battle and wish to sort matters out amicably.
- Might simply want their agreement drafted into a court order and advice on whether their agreement is fair, reasonable and workable.
In April 2022, divorce law in England and Wales changed enabling couples to apply jointly for a divorce. It reduced the potential for conflict by removing the requirement to give a reason for the divorce, other than the marriage having broken down irretrievably, and removed the ability to make allegations about the conduct of the other spouse.
Once a separating couple have come to terms with the breakdown of their relationship and are in a place where they can deal with division of assets and arrangements for the children, (it is appreciated that sometimes that is far easier for one spouse), it is surely best for both parties and the children for there to be a good-natured approach to the division of assets and the arrangements for the children.
According to HMCTS Quarterly Family Court Statistics for the fourth quarter (October to December 2024), the latest figures published, the number of divorce applications was 24,171 of which 26% were joint applications. There were 11,023 financial remedy applications (matrimonial finances), 74% of those applications were by consent. It is likely that most of the 74% had separate lawyers.
Caroline Ford who has over 22 years of experience in the area of family law, offers a joint service for separating couples, having completed the SRA-approved Resolution Together training. Using this model, she will guide couples through the divorce process, matrimonial finances, and arrangements for the children. Caroline will not represent either party’s individual interests but will advise them both on a fair and workable outcome taking into account current legal principles and the court’s approach.
This enables both parties jointly to have:
- Advice and assistance on the divorce process.
- Help in gathering all relevant financial information, obtaining any expert evidence or advice required (such as valuations of property, business interests and advice on pension sharing options and obtaining a pension sharing report).
- Advice on fair and workable settlement options in relation to matrimonial finances.
- A consented matrimonial finances order drafted.
- A D81 (statement of information for a consent order) drafted.
- Help in discussing and have advice on suitable arrangements for the children.
- A consent order for child arrangements and the application drafted.
- A separation agreement drafted.
The advantages of this joint process are that it:
- Reduces legal costs as it avoids the costs of two lawyers and, therefore, the costs of all communications between two lawyers.
- Should minimise the stress of the process as the parties both have the same advice.
- Can avoid each party seeking their own best-case scenario via their individual lawyers, which can result in lengthy, stressful and costly negotiations and contested court proceedings.
- Seeks to ensure that couples to remain on good terms, especially important where they share children.
- Enable matters to come to a swifter conclusion.
If there is a history of, or accusations of abuse or coercive control, or there is a significant power imbalance that cannot be overcome by obtaining neutral advice, this service may not be suitable.
This model is practical and a cost-effective alternative approach to traditional negotiations through separate solicitors and is suitable for any couple as long as both parties have a shared aim of achieving a fair and workable outcome. The separating couple will also need to be able to work together constructively and feel comfortable voicing their suggestions in the joint meetings. If applicable, they must also be willing to give full disclosure of their respective finances and there should be no conflict of interests.
For more information, please contact Caroline Ford, a partner in our family law team, on 020 7851 0102/0759 759 1900 or by email: cf@branchaustinmccormick.com
