How does One Couple One Lawyer work?
All couples seeking to use Separating Together: One Couple One Lawyer will have an individual meeting with their lawyer. This meeting is confidential during which we will discuss your aims and whether this may be an appropriate option.
The meeting will also be an opportunity for you to ask questions about the process as well as consider alternate non court options including mediation and collaborative law that may be better suited to you and your particular circumstances.
Should you both chose to use Separating Together: One Couple One Lawyer and provided it is considered suitable for the two of you by the lawyer — a retainer and agreement will then be signed that sets out the terms of work.
Thereafter the process will depend upon whether there are financial issues or children issues (or both) that need to be resolved as follows:
Financial cases
Most couples will need to consider what will happen to the family home as well as any other property or investments they may have including any business or partnership assets and pensions. Details of the your wealth will therefore be collated during a process of financial disclosure during which all relevant information is obtained and exchanged and valuation reports prepared as necessary before advice is then provided to help facilitate negotiations. The advice will reflect the way the law would see the resolution of the issues and the bracket of likely outcomes. Please note that the law relating to divorce financial settlements differs from that for cohabitating couples.
Children cases
In cases involving arrangements for children, whether or not in conjunction with any financial issues, areas of mutual agreement will be identified and advice given in relation to any ‘sticking points’ to help facilitate negotiations. The advice will reflect the approach that would be taken by the court and the bracket of likely outcomes that addresses as necessary how the children will share or spend time with each parent (otherwise commonly referred to as contact, access, residence and custody).
Although we cannot negotiate for you, our lawyers can help you both to understand the law relevant to your particular circumstances to help you find the best solution for you and your family.
This could also involve where appropriate bringing in other professionals to support you both to deal with particular questions that may arise for example regarding pension valuations or the tax consequences of a particular arrangement.
Where an agreement is reached the terms can then be incorporated within a written document or draft order to be filed with the court as necessary.
If an agreement cannot be reached or if Separating Together: One Couple One Lawyer is not appropriate we will discuss other approaches that you may wish to consider including Mediation, Collaborative Law, Arbitration and Parenting co-ordination.