The traditional legal framework for divorce has often been criticised for its adversarial nature, which can prolong the divorce process and add financial strain. Under a new development, it is now possible for one legal representative to act for both parties involved in a divorce under the new one couple, one lawyer model introduced in 2023. As part of this new approach, parties will be represented by the same lawyer who will guide them through the divorce application, provide advice on finances, and making child arrangements. This article looks at the advantages and disadvantages of using the same solicitor for divorce.
The traditional legal framework for divorce has often been criticised for its adversarial nature, which can prolong the divorce process and add financial strain. Under a new development, it is now possible for one legal representative to act for both parties involved in a divorce under the new one couple, one lawyer model introduced in 2023. As part of this new approach, parties will be represented by the same lawyer who will guide them through the divorce application, provide advice on finances, and making child arrangements. This article looks at the advantages and disadvantages of using the same solicitor for divorce.
If you have need help with your divorce and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
In what circumstances can a solicitor act for both parties in a divorce?
Using one solicitor works best in amicable separations, where both parties are happy to work together for the benefit of the whole family. Separations that are less amicable may not be best suited to this approach because it will be more difficult for conflicting spouses to work together.
What are the benefits of using the same solicitor for divorce?
The following is a non-exhaustive list of the potential benefits of using the same solicitor for a divorce:
- Using one lawyer between you can be much cheaper than the traditional route of each party having their own legal representative, because costs will be shared between you.
- It may lead to a quicker divorce because there aren’t two solicitors involved who would usually negotiate and go back and forth on things such as finances and child arrangements.
- In an amicable relationship, divorcing couples can come to a mutual agreement even before instructing their preferred solicitor.
- Using one lawyer generally means that the divorcing couple’s best interests will be kept in mind, with the shared solicitor searching for the best outcome for both parties.
- If a dispute or conflict arises, the shared lawyer will liaise and work with both sides to resolve the issue. This will be done in a way that is acceptable to both parties rather than one.
- The process assists couples in developing constructive communication skills and a productive post-separation relationship, which can be useful, especially if you need to co-parent.
What are the disadvantages of couples using one solicitor for divorce?
The following examples are a non-exhaustive list of possible disadvantages of using the same solicitor for divorce:
- Both parties must be committed to an amicable, fair, and transparent divorce process for the one couple one lawyer approach to be effective. If one party is adversarial or non-cooperative, then this method is unlikely to work.
- If the communication between you is not optimal, this approach may not be the best option for you and your spouse.
- Despite the lawyer’s best intentions, sometimes it is impossible to get around unequal power dynamics within close relationships. Power imbalances within a family can impact the process if they are not matched equally, and this can hinder open communication.
- For the process to be successful, all parties must be willing to participate and engage in the process. If one party is resistant or unwilling to cooperate, it can affect progress and make it challenging to reach a mutually acceptable solution.
- There is potential for manipulation or coercion in circumstances where there is a history of such conduct within a relationship. Using one lawyer may not be appropriate because it can provide a further platform for abuse. The lawyer will always make an assessment when first meeting the parties to ensure that they are protected and not placed at risk.
- Divorce can be emotionally taxing for all involved, particularly when dealing with sensitive issues. The process may unearth unresolved tensions and escalate matters. Emotional dynamics can make it challenging to stay focused on the amicable resolution of divorce, and additional support may be required.
- The process is not driven by a timetable, which may lead to drifting with no real progress being made. This may be problematic for spouses who are ready to move on, and may even have entered a new relationship with a view to marriage or civil partnership.
- For divorces that involve complex financial matters, such as multiple assets, debts, or a family business, the traditional route where each party has their own solicitor may be more suitable.
- This arrangement hinges on mutual trust. Without this, it is extremely difficult for a single lawyer to adequately represent both parties’ best interests.
- If you are concerned that your ex is hiding assets, then this may not be the ideal process. Since there is only one lawyer, all discussions and documents need to be shared openly by both parties. If one party has a hidden agenda or covert strategy, only a court has the power to compel disclosure or impose sanctions for failing to do so.
Will my own interests be looked after if we use the same solicitor for divorce?
It is understandable to have concerns about the protection of your individual interests. The lawyer in a one couple one lawyer arrangement operates under strict ethical guidelines that require impartiality and transparency. Before formally engaging the lawyer, the couple will probably receive a detailed written agreement setting out the lawyer’s role and the limitations of it. This document often serves as a safeguard to ensure the lawyer remains neutral throughout the process.
Since both parties are jointly involved in the discussions and negotiations that take place, there is a level of transparency that allows you to voice your concerns and interests directly, rather than via separate legal representatives. This open communication allows for immediate clarification and adjustment, ensuring each party’s interests are not sidelined.
Although the single lawyer serves both parties, you retain the right to consult them individually to discuss concerns or seek clarification within the bounds of shared representation.
If a conflict arises that makes joint representation untenable, the lawyer may have to withdraw from representing the couple. In such cases, each party would then have the option of seeking their own solicitor to protect their individual interests.
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