Can Divorcing Couples Share One Lawyer?

Can divorcing couples share one lawyer is a question we get asked. The traditional legal model has seen solicitors only being able to act for one party to a dispute to ensure that no conflict of interest arises in the dispute. However, the Divorce, Dissolution and Separation Act 2020 and subsequent case law now makes clear that alternative models can be supported, allowing couples to work together with the same lawyer to resolve their disputes. The clear benefits of this are that it allows for reduce cost and conflict for the separating couple.

Our team of divorce lawyers in Milton Keynes are here to provide expert advice tailored to your circumstances. In the meantime, find out more about Resolution Together and how you and your ex-partner can choose to work with the same solicitor for your divorce.

Resolution Together is a new way or working which allows a solicitor to work on a joint basis with two parties, by providing guidance and appropriate legal advice where required, to assist the two parties in resolving a dispute concerning their children or the family finances. In short, Resolution Together is seen as the “one lawyer, two parties” approach to dealing with matters following the breakdown of a marriage.

Following changes in the law to facilitate a joint approach to matters concerning separation, Resolution Together allows the parties to work together with their lawyer to resolve disputes between individuals by working together in an environment of lower costs, reduced conflict and reduced delay.

Resolution Together can help you resolve disputes concerning arrangements for your children or those concerning the matrimonial finances.

Over a series of tailored, joint meetings, you’ll be able to work with your solicitor and ex-spouse to agree a satisfactory resolution to any such dispute. The meetings will be open to both parties and information will be freely shared between you both. The parties can obtain additional support and information from experts as their dispute may require, returning to discuss the information once it has been obtained.

Working with your spouse and sharing the cost of one solicitor between you both represents an opportunity to proactively manage legal fees and ensure they are kept to a minimum. Resolution Together will not work for every couple and it is important to discuss the advantages and drawbacks with a prospective lawyer when considering the Resolution Together process.

Whilst Resolution Together will represent a potential cost savings for some separating couples, it is equally important to have a clear understanding of the process and to have confidence that when you and your spouse engage in a Resolution Together settlement process, that it is the most effective forum for you.

The starting point for the majority of disputes following the breakdown of a marriage is that each party is responsible for funding their own legal representation. There are rare exceptions to that default rule, which should be discussed with your solicitor if you feel they might be applicable.

Resolution Together offers a potential cost saving by allowing two spouses to benefit from specialist legal advice from one solicitor. The expectation with the scheme is that the legal costs incurred would be shared equally between the parties, but they are free to agree any other arrangement for the fees, in the event of one party not being able to financially contribute towards a half share of the costs.

Resolution Together will not be suitable for every dispute, nor for every separating couple. It is likely to work well if you and your former partner are seeking to work amicably and by consensus with one another and in particular, if you are committed to engaging with a solicitor to find solutions to the dispute in a cooperative and open fashion.

Resolution Together is unlikely to achieve a positive outcome in cases with unresolved allegations of domestic abuse, safeguarding concerns for children, or generally high levels of emotion, conflict or an imbalance of power between the parties. In these circumstances, it may be worth speaking with your solicitor to see what other forms of dispute resolution may be more appropriate.

By sharing a solicitor, divorcing couples can benefit from reduced costs, minimised conflict, and a more streamlined process. However, it is crucial to carefully consider whether this approach aligns with your specific circumstances and to seek initial guidance to determine the best path forward.

To resolve matters using the Resolution Together process, we would first have a conversation with each party before deciding if it is suitable for their circumstances. If it is, both parties need to agree specialist terms and conditions before moving forward.

Ready to take the next step? As leading divorce solicitors in Milton Keynes, our team of family law specialists can advise and guide you from the moment we start working with you. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.