The family justice body, Resolution, has revealed the details of a new divorce model which would allow a single lawyer to advise both parties who are getting a divorce.
Resolution Together – the new ‘one lawyer, two clients’ divorce model
The new model, named Resolution Together, will provide clients who want to manage their separation together with a new approach that has not been available to them in the past.
Resolution has said they expect the new model to be launched later this summer following talks with the SRA to ensure that it works within the current regulations, particularly in respect of acting in situations where there is a risk of conflict. The principal motivation for the introduction of a “one lawyer two client’s” divorce model is the new no-fault divorce law contained in the Divorce, Dissolution and Separation Act, which came into force in April 2022.
It is hoped that this new model will further reduce any unnecessary conflict during divorce proceedings and will be suitable for couples who are keen to work with just one adviser.
National Chair of Resolution, Juliet Harvey, said:
“Increasingly, clients are expecting, or in some cases demanding, new approaches that we haven’t been able to offer in the past. 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.”
“Indeed, many firms are already providing, or looking to provide, this approach: that’s why we want to provide a way of working under the Resolution banner, in keeping with our code of practice.”
How does the new divorce model work in accordance with the SRA’s current regulations?
Resolution has said they have been in communication with the SRA to ensure the new model operates within the current regulations and will be providing training and guidance for solicitors who wish to start offering this service to their clients.
What are the current regulations?
Within the current regulations, the SRA Code of Conduct paragraph 6.1 states:
“Solicitors cannot act if there is an own-interest conflict or a significant risk of one.”
This means a solicitor cannot act for both parties if there is litigation or dispute. However, a solicitor can act for both parties where there is no significant risk of conflict arising between either party.
Further SRA guidance states:
“You must always be sure that it is in each client’s best interests for you to act. Bear in mind that if you were acting for just one client, you normally would be negotiating their position and putting forward solutions that favour their interests over the other client. So by acting for both, you may be limiting the service that you would provide.”
Comment
2022 is clearly a year for change when it comes to divorce laws in England and Wales with there being a distinct move towards a much more amicable approach to divorce. It will be interesting to see over time how the ‘one solicitor – two clients’ divorce model pans out and if it will provide a suitable alternative for more divorcing couples who wish to reduce conflict, save money, and divorce in a friendlier way.
How can we help?
Emma Davies is a specialist family law solicitor at Nelsons, who specialises in divorce and financial settlements which involve complex issues.
If you need advice on any divorce-related matter or have any other family law-related queries, please contact Emma or another member of the team in Derby, Nottingham, or Leicester on 0800 024 1976 or via our online form.
Emma or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
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