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Blog by Poppy Grazebrook
Solicitor – Family Law
Poppy is a Solicitor specialising in Family Law, with a particular emphasis on Children Act proceedings…
The new approach to divorce and separation
The term “One Couple, One Lawyer” is a process where a separating or divorcing couple jointly instruct one neutral solicitor or barrister who will be an impartial advisor to both parties. This approach is suitable for most aspects of separation, including divorce or civil partnership dissolution, financial arrangements and child arrangements.
The method was introduced in July 2022 by Resolution, and marks a significant shift in how couples approach separation and divorce. The method prioritises cost efficiency and working together, with the view of achieving an amicable end to the relationship.
The lawyer will guide the parties on key matters in the aim of reaching agreements, typically speaking with each party individually, and then have group meetings thereafter.
What are the benefits to the One Couple, One Lawyer approach?
There are many benefits to this approach, such as:
- preserving relationships,
- reducing costs,
- avoiding unwanted conflict, and
- achieving faster resolutions.
The one lawyer approach fosters communication and cooperation, which can help maintain or even strengthen the relationship post-separation.
By engaging a single neutral lawyer, couples can avoid the expense of two separate legal teams and minimise costly court proceedings.
In offering neutral advice, the method works to reduce conflict and tensions between the parties. The approach also allows parties to retain control, creating outcomes that reflect the unique needs and values of their family, rather than leaving decisions to a judge.
The method is also a faster process, as without the delays of litigation, many couples are able to move forward more quickly and with less emotional strain.
How does the One Couple, One Lawyer method differ to mediation?
Instructing one lawyer under this method differs to mediation in terms of structure, the role of the professional involved, and how legal outcomes are achieved.
In the One Couple, One Lawyer method, a single neutral solicitor works with both individuals to help them understand the law and reach a fair agreement. This solicitor can provide legal information and ensure that both parties are aware of their rights and obligations. Importantly, although the lawyer must remain impartial and cannot “act” for either party, they can draft legally binding documents, such as consent orders or financial settlement agreements, once an agreement is reached.
By contrast, in mediation, the couple works with a neutral mediator, whose role is to facilitate communication and guide discussions. Mediators help couples explore their options and negotiate terms, but they do not provide legal advice. Instead, once an agreement is reached in mediation, the couple usually needs to take that agreement to separate solicitors to obtain legal advice and formalise it through the courts, often adding time and cost to the process.
Cost-wise, both approaches can be more affordable than traditional litigation. However, the One Couple, One Lawyer method is often more streamlined because it involves just one legal professional, rather than multiple advisers. It also tends to move more efficiently toward a final legal outcome, since the solicitor involved can help prepare all necessary court paperwork.
When is it not suitable?
The one couple, one lawyer method will not be suitable for all couples, especially in relationships involving domestic abuse, or significant conflict.
In summary, the One Couple, One Lawyer method is a collaborative, cost-efficient option for couples who seek to navigate separation together, aiming for fair, peaceful resolutions.
Frequently asked questions
Yes, provided the lawyer remains neutral and both parties give informed consent. The lawyer cannot give individual legal advice, but they can explain the law clearly and fairly to both people and help prepare legally binding documents.
Yes, many couples start the process with unresolved issues. The lawyer will help identify areas of agreement and facilitate respectful discussions around disagreements, working toward a mutually acceptable solution.
If the process breaks down or becomes too conflicted, the lawyer must stop acting for both parties. Each person would then need to seek independent legal advice. The model is best for couples who are committed to cooperating and working constructively.
Yes, typically. Since only one lawyer is involved, legal fees are often significantly lower than if both parties instruct separate solicitors. It also tends to move faster, which can further reduce costs.
Usually not. The lawyer can help prepare a consent order or other legal documentation to be submitted to the court for approval, without a hearing.
Yes. Once the lawyer drafts and files the final documents, such as a consent order or financial agreement, and once they are approved and sealed by the court, the terms become legally binding.
It’s ideal for couples who:
- Are separating amicably or are willing to work collaboratively
- Want to minimise conflict
- Prefer to stay out of court
- Are looking for a quicker, more cost-effective process
- Value maintaining a respectful co-parenting or post-separation relationship
Speak with a Divorce Solicitor
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