Marilyn Bell, Head of Family Law, reflects on how following Resolution’s Code of Practice benefits clients and the courts.
What is a good divorce? No divorce is easy - and it would be wrong to suggest that it is - but approaching it by avoiding inflammatory communication can make a big difference. I am proud to be a member of Resolution and fully support their promotion of Good Divorce Week.
Progress
Divorce itself is now a straightforward process, as there is no need to cite fault against either party. Long gone are the days of the unreasonable behaviour petition, which, sometimes, was like pouring petrol on a fire.
Work to be done
Resolving financial matters and arrangements for the children often still prove difficult. Communications between solicitors are usually part of the process, and how we phrase them can help resolve a situation – or make matters worse.
As solicitors, we become used to the content of other solicitors' letters, but our clients can find them distressing.
Imagine, for example, if a letter from a solicitor sent to a divorcing spouse included the words:
‘The above typifies the lack of flexibility you have offered’.
Is this going to help? Add to that the fact that this is the first communication to the spouse, when the solicitor only knows what their client has told them, and the words may sting a little more.
If the letter goes on to say, ‘these are the dates our client is stipulating’. A reply is sought within seven days. That is fair enough - but is it necessary to add: ‘we assume that this should not be too onerous’?
Taking the lead
Solicitors don’t have to write like this. As members of Resolution and enthusiastic supporters of its Code of Practice, we’re committed to explaining to our clients the benefits of avoiding unnecessarily inflaming a situation. If we find ourselves writing ‘your client has never helped with the children’, we should pause and think. This is very unlikely to be the case. Although, of course, it feels like ‘never’ to our client, will writing it in our communications serve our client’s purpose? Will it help to prevent situations from escalating and ultimately save the court’s time?
I encourage all family law solicitors to use Good Divorce Week 2025 to review what we are writing with fresh eyes.
For help and advice on family law matters, contact Marilyn Bell, marilyn.bell@salaw.com, 01727 798 066.
* Resolution is a membership body representing 6,500 family justice professionals, all promoting a non-confrontational approach to resolving family issues and campaigning for a fairer family justice system.