Divorce can be an emotionally and financially challenging process, and uncertainty about the expenses involved can add to this. Having a strong understanding of how divorce costs are handled can...
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Divorce can be a complex and expensive process with the potential for a lot of conflict. Having the right lawyer can make a significant difference and, following recent changes to England and Wales divorce law, separating couples can now benefit from working with the same lawyer.
This is known as the ‘one couple, one lawyer’ approach or ‘joint representation’.
Can a divorcing couple use the same solicitor in England and Wales?
Yes, in England and Wales, a divorcing couple can use the same solicitor through ‘one couple, one solicitor’. This is so long as they are able to reach a mutual and fair settlement with no conflict of interest and without the need to go to court. Using the same lawyer for divorce can offer various benefits to separating couples, including a reduction of legal fees, an accelerated process, and less potential for conflict and animosity.
What does the one couple, one lawyer approach to divorce involve?
Simply put, the one couple, one lawyer approach means that both spouses are using the same lawyer for divorce. This lawyer can advise on the divorce application (which can be completed jointly by the couple or by a single spouse), as well as the division of finances and arrangements for children.
Why has this new approach to divorce been introduced?
England and Wales divorce law changed in April 2022 when the Divorce, Dissolution and Separation Act 2020 came into effect. The reforms were intended to modernise divorce and remove the potential for unnecessary conflict, for example, by getting rid of the need to assign blame for the failure of the marriage as part of the divorce application (i.e. ‘no fault divorce’).
The one couple, one lawyer approach is intended to further simplify the divorce process for couples and remove a potential source of conflict by having both people represented by the same lawyer. This approach is supported by leading family law network Resolution through their Resolution Together initiative.
"Richard made a potentially stressful situation calm and manageable. We definitely proceeded through the stages quickly and in a collaborative manner. It really was much appreciated by us both."
Is joint representation the same as a joint application?
Joint representation and joint applications are different things that both relate to the divorce process. Joint representation means one lawyer representing both spouses, while a joint application is where the couple complete the divorce application together, rather than one spouse making the application alone (a ‘sole application’).
Why the "One Couple, One Solicitor" approach to divorce might be the right choice for you
Frank and transparent discussions
Effective divorce proceedings often require a couple to openly discuss sensitive matters, including finances, child arrangements and property division. If both spouses are comfortable having frank and transparent discussions, the "One Couple, One Solicitor" approach can facilitate these conversations in a productive manner.
Mutual respect
For the "One Couple, One Solicitor" model to work, the couple must have a high degree of respect for and trust in each other. The approach also relies on the confidence of the couple, that the lawyer will fairly represent them both, ensuring neither feels disadvantaged during the process.
Agreement on most important issues
If you and your spouse have already reached agreements on critical matters, such as property division, child arrangements and spousal support, this approach can streamline the divorce process, making it quicker and less contentious.
Co-parenting
For couples with children, maintaining a positive co-parenting relationship is crucial. By minimising conflict and fostering collaboration, the "One Couple, One Solicitor" approach can promote a more amicable separation, which may benefit the children's long-term well-being.
Desire for efficiency and cost-effectiveness
If both spouses are looking for a more efficient and affordable divorce, sharing a lawyer can significantly reduce legal fees. This approach can save time and costs, making it an appealing choice for couples seeking resolution.
Straightforward financial arrangements
Couples with straightforward financial situations, where asset division is agreed upon, may find the "One Couple, One Solicitor" approach both efficient and cost-effective. This method simplifies the process and avoids the need for multiple legal representatives.
Less adversarial process
If both spouses are committed to a fair, amicable divorce with shared goals, using one solicitor can help promote transparency and cooperation. This approach encourages a smoother, less adversarial process, beneficial for the couple.
Power balances
The "One Couple, One Solicitor" approach is not suitable in situations where there is a history of abuse or significant power imbalances between the spouses. In such cases, having separate legal representation is crucial to ensure fairness and protect the interests of both parties.
If these factors resonate with your current circumstances, the "One Couple, One Solicitor" approach may offer an efficient, cost-effective, and cooperative way to navigate your divorce and the parenting and financial arrangements resulting from it.
How will any disputes be resolved?
Should there be any points of disagreement during your divorce, there are several different options for finding a solution. Often, it is possible to simply discuss the matter in a constructive way with the impartial advice of your solicitor to agree a solution. In other circumstances, alternative dispute resolution methods such as mediation may be appropriate.
Is joint representation always suitable for divorce?
While the one couple, one lawyer approach is likely to be a good option for most divorces, there may be some circumstances where it might not be appropriate. This includes where the relationship between the spouses is highly acrimonious and in situations where there have been allegations of domestic abuse.
We will be happy to advise on your situation and whether we think joint representation may be right for your divorce during your initial consultation with a member of our team.
"Richard Sharp managed to walk us through the divorce process, efficiently and in a balanced way and we collectively managed to take our agreement and get it into a format that he was happy that the court would accept and approve. The agreement was approved, Richard made the process less painful, more collaborative and it was agreed in a timely fashion and was consequently less expensive."
How to choose the right lawyer for your divorce
Whether you are using the one couple, one lawyer approach or need your own individual representation for divorce, it is important to pick the right solicitor to represent you.
While we hope you will choose to work with Sharp Family Law, if you wish to shop around, we recommend looking for the following:
- Specialist experience with divorce– You should look for a solicitor who specialises in divorce and family law, rather than a generalist who may not have extensive experience with these complex matters.
- Expertise in dealing with divorces similar to yours– e.g. high value assets, international divorces etc.
- Resolution membership– at Sharp Family Law, all of our lawyers are Resolution members and follow the Resolution Code of Practice.
- Independent accreditation– e.g. both our firm and individual members of our team are ranked for Family/Matrimonial Law by leading client guide Chambers & Partners and for Family Law by the Legal 500.
It is also really important to find a lawyer that you feel comfortable with and whose approach suits you, so it is always sensible to have an initial conversation with a divorce lawyer before choosing them as your representative.
Speak to our family law specialists in Bristol, Bath and Bradford-on-Avon
At Sharp Family Law, we understand how difficult divorce can be. Our team can provide sympathetic support and clear, practical guidance to individuals and couples, helping to make divorce simpler while ensuring you get the best outcome for your future and that of your family.
We have offices in Bath, Bristol and Bradford-on-Avon. Our clients can expect constructive, clear and friendly assistance from our family law and divorce solicitors who will give you all the support you may need.
If you need legal assistance with any matters related to divorce and separation, email us at info@sharpfamilylaw.com. Or you can call your local office.