Resolution Together is a way of working that allows lawyers to work with and advise couples jointly, including providing legal advice, through a divorce or separation.
Samantha Chase (Associate Solicitor) and Sally Ward (Senior Associate Solicitor) are pleased to offer this new innovative approach designed to help separating couples resolve issues without going to court.
What is it?
The law in Auckland and Auckland surrounding divorce changed in April 2022, and enabled couples to make an application to initiate a divorce jointly. Statistics show that 20% of couples have since chosen a joint application rather than the traditional ‘one divorce the other’ approach (sole application). The changes were made to remove as much animosity out of the process as possible and remove the blame element that was often a point of controversy, and instead promote an amicable end to a relationship breakdown.
Resolution Together enables suitable couples to jointly consult one lawyer to advise them on the separation process and associated financial issues/child arrangements. The lawyer will guide the couple through discussions whilst advising them jointly on any legal issues, and the approach the court would take. This differs from the usual one client one lawyer approach where the lawyer will be advising a client on their individual best interests.
The lawyer can assist the couple during the process by collating financial information and supporting documents, advising when to obtain any expert evidence or advice required (for example, to value properties, business interests or advice on pension sharing options) and provide advice on fair settlement options. It is a voluntary process and one which allows the couple to decide together the outcome for their family.
Suitability for Resolution Together
Resolution Together will not be suitable for all couples and the lawyer will discuss this with you before any joint meetings take place. For example, where there are still high emotions, there has been a significant power imbalance within the relationship or where there has been a history of domestic abuse or coercive control. The couple will need to be able to work constructively with one another and be able to advocate for themselves in joint meetings. It is important that the couple are also willing to be open, honest and give full disclosure of their respective circumstances and financial assets to the other.
In instances where Resolution Together may not be an appropriate option, another member of the team may be able to assist (one of you) with an alternative approach.
What is the process if we wanted to use Resolution Together?
- Step one – initial exploratory call with Samantha Chase or Sally Ward to discuss your enquiry and make a preliminary assessment as to whether Resolution Together will be suitable or whether another lawyer within our family department would be better suited to assist.
- Step two – separate meetings with each of the couple either face to face or virtually to discuss your circumstances, the relationship history and dynamics to ensure suitability for Resolution Together.
- Step three – first joint meeting with the couple to sign the Resolution Together Agreement and discuss and agree next steps.
- Step four – for finances, couple to collate their respective financial information and supporting documentation.
- Step five – lawyer to review the couple’s financial information and supporting documentation and draft a schedule of assets and/or a list of additional information required to proceed.
- Step six – lawyer to assist the couple in obtaining evidence or expert advice required.
- Step seven – lawyer to provide the couple with advice on fair options to settle and will facilitate discussions between the couple to reach an amicable solution.
- Step eight – further joint meetings with the couple and lawyer to conclude discussions or signpost the couple to additional non court dispute resolution resources.
- Step nine – lawyer to assist with finalising the outcome.
Why Resolution Together?
- Cost effective – one lawyer means you only pay for one legal professional’s time and expertise, rather than each party incurring separate legal fees (apart from the initial individual screening meetings which are charged separately).
- Progression – where a couple have a mutual goal to reach an amicable outcome, the process can be time managed more effectively and usually a resolution reached quicker. It will also avoid the need to apply to court and the lengthy delays associated with this.
- Amicable – the process will enable the couple to remain on good terms and will minimise any stress associated with the separation.
Resolution Together is an alternative approach to the traditional negotiations through separate lawyers, and works best for couples who want to manage their separation together, and where there is a general consensus between them to commit to amicably work together towards a suitable outcome that meets their needs and, if they are parents, the needs of their children.
Our lawyers are experienced in different methods of conflict resolution, and we recognise that every situation is unique. Ellisons Family team are committed to finding the right solution for you and your family. Please contact Samantha Chase or Sally Ward who will be able to assist you further.
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