In the UK, a divorcing couple can choose to use the one couple, one lawyer approach if they feel they are still on good enough terms to reach a fair settlement together.
The one couple, one lawyer process allows divorcing couples to instruct a single solicitor to advise them both on both financial matters and arrangements for children during the divorce process without needing to rely on the court’s intervention.
It is an approach that can only work if there are no conflicts of interest, and the couple can still communicate constructively. Otherwise, they will be unable to work together to reach the most mutually agreeable settlement. However, ‘one couple, one lawyer’ will not work if there are concerns about domestic abuse, an imbalance of power, or where it is obvious communication has broken down.
If the circumstances are right, ‘one couple, one lawyer’ offers some attractive benefits. As with most of the alternative dispute resolution models, it can provide a faster, less costly, less stressful and less adversarial way to divorce.
Why has the one couple, one lawyer approach been introduced?
The Divorce, Dissolution and Separation Act 2020 came into effect in April 2022. It set out to modernise England and Wales’s divorce embodiment of the new Act and, at the same time, encourage couples to look into more amicable, collaborative resolution options.
This was a conscious decision to try and relieve some of the stress and distress caused by the traditional court-based divorce process. However, it’s other purpose was to relieve some of the pressures the family court has found itself under, particularly since the pandemic.
‘One couple, one lawyer’ concept was based on the Resolution Together concept, family law industry body Resolution’s suggestion as to how the process of separation could be made more simple, straightforward and cost-efficient.
What are the advantages of sharing the same lawyer?
The primary advantage of appointing the same lawyer to look after both parties is it allows you to reach what you think is the best outcome for your children and finances rather than relying on a judge to reach the decision for you. In addition, your lawyer can then help you both with the necessary paperwork and ensure your decisions are implemented correctly from a legal perspective.
The other advantages of ‘one couple, one lawyer’ include:
• The divorce process will be more comfortable for you and your children
• You are far more likely to reach a genuinely mutually acceptable settlement
• The process is likely to be concluded much quicker than it would through Court
• You avoid the distress and upset that can be caused by having to go to Court
• You will emerge with a settlement you both accept which will allow you to move on with your lives
Having a shared resource acting in both of your interests as you work towards the best outcome should also reduce the emotions involved. Emotions so often derail what began as productive discussions and turn collaboration into conflict.
However, although the ‘one couple, one divorce’ model offers benefits for couples, it has to be remembered that almost no divorce settlement can give each party exactly what they want. Even collaborative methods demand compromise and a willingness to work through the process together to find the best way forward for you, your family and your future.
If you would like to find out more about the topics covered in this blog or would like to discuss any aspects of a family law case you are involved in, please contact us today and we will put you in touch with the right person in our experienced family team.
