Divorcing couples can use the same solicitor in the UK as long as there is no conflict of interest and they can reach a fair settlement without the need to go to court. This approach to divorce in the UK is sometimes called ‘one couple, one lawyer’. However, it is important to understand, that one divorce solicitor should never represent both parties where there is court litigation or there are signs of domestic abuse.
If you are considering using the same divorce lawyer, please feel free to speak to our family law team to better understand if this is a suitable option for you and the pros and cons of using this approach.
While it is possible to adopt the one couple one lawyer approach, it is more traditional for ex-spouses to appoint separate solicitors to protect their individual interests. However, since the introduction of no-fault divorce in England and Wales in April 2022, couples have been able to divorce without the need to blame each other, generally leading to more amicable divorces. The change to no-fault divorce in England and Wales has made it possible for more divorcing couples to use the same divorce solicitor if they can reach an amicable divorce agreement.
Benefits of divorcing couples to use the same solicitor
The benefits of divorcing couples using the same divorce law solicitor include reduce legal costs, faster efficiency and reduced emotional stress.
- Reduced legal costs – not only is there only one solicitor to pay for, but the efficiency benefits of one person handling the case overall will reduce the legal fees payable.
- Faster and more efficient – the fact that the solicitor can gather all of the information necessary to apply for divorce makes the whole process faster. There is less likely to be conflicting information and disagreements over the process. In addition, there will be no delays as a result of one solicitor waiting for responses from the other.
- Reduced emotional stress – couples who use the same divorce lawyer typically want a more amicable divorce. This, in turn, reduces the level of emotional stress of getting divorced.
Disadvantages of one couple one lawyer divorce approach
The disadvantages of divorcing couples using the same divorce law solicitor are as follows:
- More time and cost – legal costs are higher because you are paying two separate divorce law solicitors. In addition, their time spent on your case may be higher, especially if there are delays in dealing with your case (e.g. if your ex-partner tries to frustrate the divorce process).
- May need to appoint a second solicitor later in the process – If, during the divorce process, you and your ex-spouse cannot come to an agreement, then the solicitor has a professional obligation to advise you to seek independent legal advice. As a result, you may further add to your legal costs and the overall time by having to reappoint separate solicitors.
- Difficulty pursuing hidden assets in a divorce – With a single divorce law solicitor, it can be more difficult to pursue hidden assets. Divorcing couples have a legal duty to list their financial interests (e.g. money, income, property, investments, businesses) on Form E, but all too often, parties fail to do so in an effort to keep more for themselves. By having separate divorce solicitors, you can be confident that your solicitor is working in your personal interests. If they become aware that your ex-partner is not fully disclosing their financial assets, they will take action to resolve the matter – e.g. by applying for a freezing order or even engaging a forensic accountant.
- Limited effectiveness – by using the same divorce lawyer, your divorce financial settlement agreement may not be as much in your favour as you would like. By using your own solicitor, you can be confident that their main priority is your personal financial interests and your children.
If you are about to start the process of getting divorced and deciding whether to use the same divorce solicitor, speak to one first. If your divorce is very simple, there are no children involved, your financial situation is very straightforward, and if you both agree on how to handle your separation, then using one solicitor is more viable. While it may be tempting to save money and time, especially if you and your ex are on the same page when it comes to your divorce and arrangements, doing so can lead to complications down the line.
