The shared lawyer approach to a smoother divorce

Following a separation or divorce, the traditional response is for both parties to seek legal advice and for each to instruct separate lawyers. However, in recent years, separating couples have increasingly looked for ways to resolve matters more collaboratively. Long court waiting times and a desire to maintain a more positive co-parenting relationship have all contributed to the development of innovative approaches such as the ‘one lawyer, two clients’ model.

Whilst the traditional route is still often necessary, this new family law approach involves one lawyer working with both parties to help them reach an agreed outcome following separation. This path is designed specifically for couples who want to avoid conflict and do not wish to pay for two separate lawyers.

Both parties first speak with a trained lawyer to undertake an initial assessment on the suitability of the case. Subject to suitability, they will then meet with the trained family lawyer at the same time. All correspondence is shared, and the lawyer does not take sides or represent one party over the other.

The couple work together, with the lawyer guiding them to reach a variety of potential agreements, including parenting plans, a financial settlement, or a separation agreement. Once an agreement has been reached, the lawyer prepares the legal documents required for court or otherwise.

If successful, this path will often be far cheaper and quicker than the traditional option of each having a lawyer. It also greatly assists in minimising stress and helping to maintain future relations, which can be particularly beneficial when there are children in the family.

This path is not suitable for all cases and should not be considered for situations involving domestic abuse, coercion or control; very high conflict relationships; or where one party is hiding assets and there is no trust in relation to transparency or co-operation.

There are many variables offered for this option by different firms and because this is still a developing area of family law, it’s important to ensure your lawyer is specifically trained to offer this service.  Working with someone who has the right expertise will help ensure that the process remains fair, transparent, and legally sound for both parties.

If you’re unsure whether this approach is right for you, an initial consultation can help determine suitability. Even if it turns out not to be appropriate, the lawyer can outline alternative paths, including many other non-court option alternatives.