When is ‘one couple, one lawyer’ divorce unsuitable?

Vivienne Middleton, partner and acting head of the Family team at Lodders describes why the “one couple, one lawyer” divorce model is not always an appropriate solution for divorcing couples, and why individual representation may be necessary for an equitable and fair outcome.

The concept of “one couple, one lawyer” has attracted a lot of attention in recent times, with Manchester City Football Club manager Pep Guardiola and his wife Cristina Serra reported to be using the process.

The “one couple, one lawyer” divorce service was launched by Resolution in 2022. It is a service that can be provided to a separating couple by one single legal professional to manage their separation, divorce, and arrangements for children and finances.

Though the process may work for some couples, and the lower costs associated can make it an attractive option, it is not always appropriate and there are a number of considerations for couples to make before jointly appointing one divorce lawyer.

Indeed, when a marriage ends in divorce, in the vast majority of cases, the parties involved have contrary interests and will therefore require legal advice from their own solicitor to ensure their interests are protected and a fair financial settlement is achieved.

“One couple, one lawyer” – key considerations

Given the approach relies on mutual agreement and a degree of cooperation, it will not be suitable if:

• There is an imbalance of power in the relationship
• There are concerns about, or any form of, controlling or abusive behaviour within the relationship
• There are any safeguarding concerns about either of you or a child
• One of you is not able or willing to provide all the information needed, or feels uncomfortable working together with one lawyer
• One of you feels unable to make decisions without further support
• One of you has significantly more legal knowledge than the other
• There are concerns about the mental health and/or capacity of one of you
• There are differences between you on the appropriate financial settlement

It is also important to bear in mind that your jointly appointed lawyer does not represent either of you individually. They will only provide legal advice when you are both together. If a dispute in relation to finances or the children arises which proceeds to court, you may each need to instruct a new lawyer.

Alternative options for separating couples

There are several options available to couples wishing to file for a divorce, including mediation and collaborative law. Mediation enables separating couples to sort out their post-divorce settlements and resolve conflict with the help of a trained mediator, aiming to reach a resolution outside of court. A collaborative divorce approach involves couples working together with the support of their respective lawyers, to reach agreements without going to court.

It is ultimately up to the couple to decide which method is best for them. Each spouse deserves to have their interests protected and their needs and legal rights adequately represented.

If you’re considering divorce and unsure about the best approach, our experienced family lawyers can assist you. We are dedicated to helping clients resolve marital difficulties in a sensible, pragmatic, and proportionate way. For more information, or an initial chat, please get in touch.