Can one lawyer represent both parties in a divorce? What you need to know.

Making the decision to end your marriage and divorce is an incredibly stressful time. Not only does it come with a lot of complex emotions, there's also the practical side of dividing a previously shared life to consider. However, there is a relatively new way of approaching divorce, one that is designed to streamline the process while ensuring a fair outcome for all involved. 

When a divorcing couple use the same solicitor, this is known as the 'one couple, one lawyer' approach. Instead of instructing separate legal representation, the same solicitor can work with and for both parties. Using the same divorce lawyer can help you to save time and avoid court proceedings, and can provide a cost-efficient way to deal with your affairs when you separate from your ex-partner.

The one couple, one lawyer approach

The one couple, one lawyer approach, in which divorcing couples hire a single lawyer to provide them with joint advice, is a growing trend in modern family law for couples seeking a more amicable divorce process.

Divorce does not have to lead to conflict, and the easiest way to keep conflict to a minimum is to have one solicitor acting for both of you, committed to a fair outcome in both parties’ interests. It’s honest, open, and cost effective. 

In this article, we'll explore the one couple, one lawyer approach; how it works, who it will work for, and what the alternatives might be if you do discover that you need your own solicitor.

How one solicitor can act for both parties during the divorce process

In the last decade, there has been a shift in family law towards cooperation, transparency, and fairness between separating couples. The one couple, one lawyer approach aligns with modern family law values, and can help preserve the integrity of the relationship between you both.

At a time when emotions can get in the way of successful family dispute resolution, having one solicitor providing advice and tailored solutions to help couples navigate those decisions can make a real, positive difference to the process of separation.

Getting joint legal advice

When using one divorce lawyer to separate, your joint aim as a couple must be to communicate openly in order to come to a fair agreement, and to treat one another with mutual respect.

Our family law specialists will support you both to achieve a fair settlement and resolve any family law issues, such as financial matters, with the aim of a swifter separation process and a more amicable relationship going forwards.

Who can benefit from the one couple, one lawyer approach, and how does it work?

When you first contact the Rudlings family law team, we'll assess whether using the same solicitor will be suitable for you both. If your financial situation is straightforward and there's mutual agreement about using one divorce solicitor, we can begin the process.

Here's what will happen next:

• We'll arrange a joint appointment with a senior solicitor.

• We'll take a detailed history and provide open legal advice to you both, in joint meetings attended by both parties. Both of you need to give informed consent to share all the required information, and you must agree to the terms of representation.

• We will then ensure that any agreement reached is legally sound and capable of being approved by a court. If disputes arise during the process, our lawyers can facilitate discussions via mediation-style arrangements to help resolve issues and disagreements.

• We'll draft a written agreement and any necessary legal documents, including a financial consent order. This document outlines the terms of the divorce and the division of financial assets.

• We will oversee the implementation of the agreement. 

The one couple, one lawyer approach encourages open communication, which can ease emotional burdens during the divorce process. Our family law experts understand that even an amicable divorce can be a challenging time. We'll be empathetic and supportive throughout our joint meetings, and we are committed to a non-confrontational approach. We'll discuss all legal issues clearly with you, in plain English.

Is using the same divorce solicitor more cost effective than using separate lawyers?

Using the one couple, one lawyer divorce approach can offer significant reductions in cost, compared to using two separate lawyers.

There are a number of reasons for this reduction:

• Using one lawyer can significantly reduce legal fees during a divorce, as there's no duplication of work and you share the costs between you.

• Argumentative correspondence is not necessary, saving time and legal fees.

• You communicate directly, without having to navigate competing legal advice.

• There are no tactics; just one lawyer, working with you to achieve an outcome that suits you both.

• This model often results in a more streamlined process, reducing the time it takes to finalise the divorce.

Understanding when a single solicitor approach works best

Our experienced family lawyers know that everyone's circumstances are unique, and the one couple, one lawyer approach may not work for everyone. When we discuss your suitability for this model, we'll consider the following factors so that you, and we, can decide if it is the right method for your divorce.

When does the one lawyer model work well?

If you're both aiming for an amicable separation and want the same outcome, it's likely that you will be able to divorce using only one solicitor. The one couple, one lawyer model is suitable for couples who have a high degree of respect for each other; it requires mutual trust and cooperation.

The model is based on the couple giving their informed consent to share all required information. It can benefit spouses who have already reached agreements on critical matters, but also provide advice for those who haven’t.

When a separating couple use the same lawyer, the process can be tailored to the couple's individual timetables and priorities, making it much more flexible than traditional court-driven timelines.

“Thank you for navigating this for us; it has made the process so much easier.”

– Feedback from a past client who went through the one couple, one lawyer divorce approach.

When is the one lawyer model not effective?

There are several instances in which this model of representation may not work well, or may be impossible. If there is an imbalance in bargaining power and an unwillingness to compromise and resolve matters amicably, you are likely to require your own lawyers.

If one or both parties are not willing to be honest and open during the process, this model is unlikely to succeed; for example, if your situation involves hidden assets. International elements, complex financial matters or strongly opposed positions may also mean that joint representation is unsuitable.

This model is also unsuitable in situations involving domestic violence, abuse, coercive control, safeguarding concerns, or significant power imbalances.

What is the next step if joint representation does not succeed?

If a serious dispute arises between parties that cannot be resolved jointly, the lawyer involved can no longer represent either of you. Both parties will be required to hire new, separate legal representatives.

You can find more information about alternative routes to finalising a divorce on our family law pages.

How Rudlings ensures fairness for the parties involved

A key aim for our one couple, one lawyer service is to make sure that both parties reach a final arrangement that is fair, and meets the needs of everyone involved. Whether that involves asset division or ongoing financial arrangements, we work to ensure a fair outcome for the whole family.

“I really appreciate all your help and support, this has been such a difficult time for our family and your advice has meant we can resolve this and keep things amicable.” – A past client who chose the one couple, one lawyer pathway.

Get the right support for navigating divorce

Whether the one couple, one lawyer approach is suitable for you, or you need to explore other options for finalising your divorce, contact our family team to take the first step.

Acting together with one solicitor is supported by Resolution. The Resolution Together initiative promotes collaborative divorce practices.