The Law Column: An alternative approach to separation by Harrogate's Berwins Solicitors
Not every divorce or separation needs to be a battle
Sometimes the parting of the ways is a mutually agreed outcome and both parties want to move on in a sensible and non-contentious way.
Clients in that position will often ask me if I can represent both of them, with the aim of both saving costs and ensuring that acrimony doesn’t occur when solicitor’s letters start going backwards and forwards.
As things stand at present, due to the possibility of a conflict of interest, I have to decline. I can only act for one of them.
Things may be changing. There is an increasing trend for people to use alternative forms of dispute resolution such as mediation or arbitration. This has been emphasised by the new divorce laws which for the first time allows separating couples to file a joint application for a divorce.
The law evolves all the time and Resolution, a body representing around 6,500 family lawyers who are committed to a non-confrontational approach to the issues arising on separation, has been looking into this issue.
They recently launched “Resolution Together”, an initiative to allow one lawyer to represent two clients.
They believe it will be suitable for clients who want to work together to resolve their affairs when they separate. As there are potential regulatory issues that arise from this, they are working with the Solicitors Regulatory Authority to ensure that what they are proposing does not fall foul of the current code of conduct and legislation.
They are confident that the scheme they are suggesting can work within the existing regulations.
All the details are yet to be published and once the Solicitors Regulation Authority (SRA) is on board, Resolution will be offering training and guidance, but this does now seem likely to be an option in the near future. There are bound to be safeguards, as family law is an area where very real conflicts of interest can arise, not all of them apparent to separating couples at the outset.
This will not be suitable for everyone, but for many who want an easier and more amicable approach, this may prove to be a very attractive option. Watch this space!
Consistently praised by clients and industry guides alike, Stephen Root is one of the leading family lawyers in Yorkshire and has over 35 years’ legal experience.
by Stephen Root, Director - 01423 543 122, [email protected]