Is Resolve a law firm?
No, although the online divorce solution has been created and developed by a top ranking law firm. Resolve does not provide legal advice but it does provide the solution for matrimonial financial disputes. It brings together all the experts and support you need and then integrates them into one online service, that is delivered 24/7 across England & Wales. There are no solicitors fees paid by you, just one fixed fee to Resolve and we do the rest.
Can same-sex marriage couples use Resolve for divorce?
Yes of course. Resolve works for couples getting divorced after marriage, whether they are of different or same sex. The procedure is exactly the same.
Does my spouse have to agree to use Resolve?
Resolve requires both you and your spouse to sign up for the service. Resolve does not take sides. It is highly cost-effective and guarantees to resolve financial differences. If your spouse needs any information beyond the website and downloadable brochure, then please ask them to contact Resolve Support on 0113 380 4595
How does Resolve guarantee a binding settlement?
Resolve guarantees that a binding settlement is reached. This is because the arbitration agreement, signed at the beginning of the Resolve process, is a contractually binding agreement between you and your spouse. It states that you agree that an arbitrator will make a binding award to settle your financial differences.
Resolve ensures that both parties provide full disclosure of all their finances online, ensures that expert independent valuations are obtained for any matrimonial property and pensions that either of you have. It then suspends the actual arbitration to allow for you and your spouse to try and reach agreement at a mediation (settlement) meeting.
A second meeting is available, if required. If no agreement is reached then the matter will go before an arbitrator to make the binding award. Arbitration awards are binding and cannot be set aside by court proceedings unless there has been wrongdoing by one or both parties. Resolve even takes the precautionary step of arranging for a consent order to be drafted for you to file, that’s if you wish to provide even further security.
Is Resolve appropriate if we have agreed our finances already?
Not yet. Resolve is currently reserved for cases where spouses require support and assistance for getting their divorce finances settled. The current service is to be extended to include amicable divorce settlements, in the future.
How long does the Resolve process take?
Resolve works as quickly as you and your spouse want it to. The Resolve online software provides a clear path, with prompts at every stage. It is intuitive, so you will both know what the next step is and who needs to take the next action. A final settlement cannot be achieved until after Decree Nisi is pronounced within your divorce proceedings. This is all explained in the free Resolve Divorce Pack, available through Resolve. The whole process can be as quick as the divorce proceedings themselves, so anything from 16 weeks upwards.
Can I speak to somebody if I need help using Resolve?
Absolutely. Whilst we hope that you will find Resolve a straightforward online process with intuitive and guided steps, you will have access to Resolve Support by email and telephone. You might be unsure about a part of the process or have a question about a settlement meeting. Whatever the question, Resolve Support will have the answer. Just call 0113 380 4595
or email us at email@example.com
Are there any other fees to pay?
No, Resolve charges the fixed fee of £3000 (+VAT) per party. There are two possible extra payments to consider. If required, a further £500 per party pays for a second mediation and a final payment of £500 per party is paid if an actual arbitration hearing is required. This fee covers the cost of the full arbitration hearing, including representation by your advising barrister, room hire and the arbitrator.
Outside of the Resolve service, the court will require a divorce petition fee, which is currently £460. On settlement, or award, at the end of the Resolve process, Resolve ensures that a court order is prepared for you to file with either your mediated agreement or arbitration award. The court fee payable, when you file that court order, will be £100 between you and your spouse.
How do the online credit repayment terms work?
The online credit facility is provided by Ratesetter/Novitas Loans. Resolve has no control over the acceptance, terms or rates offered by Ratesetter. This arrangement is between you and them directly. The actual rate and terms depends upon your own credit status and circumstances. The illustrative monthly repayment figure is the best offered by Ratesetter, but will vary from time to time.
Conduct of your spouse
What if my spouse refuses to engage or complete steps in Resolve?
Resolve does not require payment by both you and your spouse until you have both signed the arbitration agreement provided by Resolve. Once the agreement is signed and payment made, it is not possible for one of you to withdraw from the process without the other’s agreement. If one party refuses to engage in the process at a later stage, the case will proceed to an arbitration hearing and a binding award made by the arbitrator, in their absence. The arbitrator has the discretion to request the absent spouse to pay the costs incurred by the attending spouse.
What if my spouse gives false financial information or doesn’t disclose assets?
The terms of the arbitration agreement, signed at the outset by both spouses, clearly states that if either party fails to disclose assets they have in their possession or control or submit false information, then any arbitration award will be set aside and no longer be binding upon the parties.
Likewise, any settlement agreement signed off by the parties, through Resolve, will be subject to the right to apply to set aside such an agreement, if either party has provided false information or withheld assets in their possession or control. This is exactly the same position if the dispute was dealt with by court proceedings and a court order was made.
Resolve Support Services
Does Resolve deal with my divorce proceedings?
No. Resolve focuses on the financial issues that arise during divorce. However, Resolve does provide you with a Divorce pack and guide. In that pack you will find all the forms you need to deal with the divorce proceedings, together with a helpful guide, sample clauses for your divorce petition and a clear flow chart explaining each step. Whilst using Resolve, you will be asked at various stages to confirm that your divorce proceedings have reached the necessary stage to proceed further within Resolve. This ensures that everything required is completed and that the Resolve settlement or award is not made too early in your divorce proceedings.
Does Resolve deal with issues concerning children?
Whilst Resolve guarantees a binding settlement or award in relation to your divorce finances, it is currently unable, as a matter of law, to do the same concerning the children. This is likely to change with the pending legislation change in 2016, but until then Resolve works hard to try and assist you and your spouse in resolving children issues. We have produced a Children Guide, which can be found here
Withdrawal from Resolve
What if we withdraw from Resolve/Reconciliation?
If reconciliation occurs before the settlement meeting actually takes place, we will be able to refund half of your paid fee. After the first mediation, no refund is possible. Remember, a reconciliation requires both you and your party to agree to withdraw from Resolve’s arbitration agreement. This can be achieved by contacting Resolve Support and we will send out the necessary consent form for you both to sign.