Separating married couples are increasingly opting for a one-lawyer divorce (also called a single-solicitor divorce), but is that the right option for you? On the face of it, this more cooperative and collaborative approach can seem like a better option if the breakup is amicable. However, it’s absolutely essential to understand the implications of choosing this route to divorce.
Here, we unpack everything you need to know about this growing trend. We highlight the pros, cons, and key information – so you can make an informed decision that best meets the unique needs and circumstances of you and your family.
What is a one-lawyer divorce?
A one solicitor divorce is an approach taken by separating married couples who who instruct the same family solicitor. The solicitor will advise the couple in a joint capacity and assist in facilitating discussions and reaching agreements, rather than each party hiring their own lawyer.
One law firm recently reported an 88% increase in the number of divorcing or separating clients opting for its one-lawyer service from 2023 to 2024. Although localised, this statistic does represent a growing trend towards this less adversarial approach to divorce – and it can work for some couples. But without proper research and due diligence, the wrong choice can be made for the right reasons – which could cost you more time, money, and distress than if you had opted for separate lawyers.
Who Might Benefit from a Single-Solicitor Divorce?
A one-lawyer divorce may be preferable for separating couples looking for a more straightforward, collaborative, and amicable process. It can be preferable for those who:
- Wish to retain a good relationship despite divorcing, and want to streamline the process to potentially save time, hassle, and money
- Have a child or children and wish to continue co-parenting without the need for separate solicitors to negotiate terms
- Have family businesses or other joint ventures that they wish to continue co-running
That said, it’s important to recognise that separation and divorce is a highly sensitive and emotional situation. While you may think that you‘re ready to commit to collaboration and amicability at the beginning, one disagreement can cause a breakdown in the process – taking you back to square one and potentially causing you more stress. That’s why it’s important to understand the implications first.
Understand the implications
The desire for a stress-free and streamlined divorce process is most likely shared by all married couples facing separation. But it’s absolutely vital not to let this cloud your judgement without being absolutely sure that a one-lawyer approach is right for you. Even if your non-romantic relationship is strong, there are other technical factors that might require a traditional two-lawyer approach, like finances or assets.
Here are a few important considerations to be aware of:
- Speed – A one-lawyer divorce isn’t guaranteed to be any quicker; it follows the same cooling-off periods and timeline schedule as the traditional approach.
- Full agreement – With one lawyer, you must be in absolute 100% agreement at every single stage and across every minor detail. Should there be a difference of opinion, your lawyer cannot sway one party or the other.
- Financial clean break – If you seek financial separation from any joint finances or assets, a one-lawyer approach cannot accommodate this. A conflict of interest means that you need either a clean break order or division of assets with individual legal representation.
- Child Arrangements – If you have a child and wish to co-parent, you must be in complete agreement about living arrangements, i.e. whether you will both continue to live in the same property with the child, and if not, who will move out and how will care be split?
Seek legal advice to make the optimal choice
A one-lawyer divorce can be chosen with the best intentions – to streamline the process for you, to benefit a child in the relationship, and to end a marriage amicably. But by choosing this route without being completely sure, proceedings can break down and cause the opposite effect.
Still unsure about whether a one – solicitor divorce is right for you? Always seek legal advice. At Optimal, our specialist divorce and family law solicitors are trained to offer you impartial advice tailored to your unique situation. We explore, explain, and simplify all possible routes forward to help you make an informed and confident decision.
For professional, empathetic guidance on the best route forward, get in touch with Optimal Solicitors today.
