One Couple/One Lawyer: Agreeable – FAQs

Getting divorced doesn’t necessarily mean you need to ‘lawyer up’ or end up in a ‘court battle’. There are kinder, more compassionate ways to divorce. Divorcing couples often wonder whether they need to go to separate lawyers, or whether they can work together with the same lawyer for the advice they need. This blog looks at that and other frequently asked questions in relation to using one lawyer.

Can a divorcing couple use the same lawyer?

Divorcing couples who want to manage their divorce together can in some circumstances use the same lawyer. In order to use the same lawyer, the divorcing couple would need to be in agreement to receive advice jointly and consent to the sharing of all information between them. There would also need to be no imbalance of power or other relevant factor which makes it inappropriate for the lawyer to be able to advise both the divorcing couple.

Is using the same lawyer suitable for all divorcing couples?

Every divorcing couple’s situation is different and unique, therefore using the same lawyer is not going to be right for all divorcing couples. There are lots of different process options available, using the same lawyer is just one option. Using the same lawyer is unlikely to be suitable for those where there is or has been any form of abuse in the relationship between them or where there is a significant power imbalance that cannot be effectively managed. Using the same lawyer would also not be suitable if one or both of the divorcing couple is not prepared to be open and honest with the other, for example if they are not willing to provide full details of their financial situation. Both the divorcing couple need to be willing to negotiate, cooperate and work together to find solutions if they are to use the same lawyer.

How does the process of using one lawyer work?

Here at Family Law Partners we have developed Agreeable. Agreeable combines legal/mediation expertise and therapeutic support by way of a specialist family lawyer who is also a trained mediator and a family consultant working together as a team with the divorcing couple to find solutions. The process can be summarised as follows:

A              Assemble: Individual meetings followed by a joint session with the family consultant, to provide emotional and practical support to get the divorcing couple prepared.

G              Gather: Joint meeting with the lawyer and family consultant to set the ground rules, agree the core principles to work with, and work out what financial information needs to be provided.

R              Review: Joint meetings with the lawyer and family consultant to consider and analyse the financial information, identify if any further information or expert reports are needed, work out options and reach an agreement.

E               Evaluate: The lawyer will meet with another lawyer within the team to provide them with the information they will need to draft the documents required to convert the agreement into a legally binding order (this ensures the divorcing couple have an extra pair of legal eyes checking over everything for them). Joint meeting with the lawyer and family consultant to go through the documents, check and review of the achievement and signing of documents. The family consultant will meet with each of the divorcing couple individually to check and make sure they are ready to proceed to legally finalise matters.

E               Enable: The lawyer will lodge the necessary documents at court for approval of the agreement by the Judge to make the outcome legally binding. Once the order is in place the lawyer will assist in relation to the instruction of other experts to implement the agreement, such as financial advisers or conveyancing lawyers. The family consultant will check in with each of the divorcing couple after a few months to see how they are transitioning into the next phase of their lives.

What is the difference between using one lawyer and mediation?

A mediator can work with divorcing couples that are in conflict, they cannot however provide any advice. A mediator’s role is to support and facilitate discussions, they cannot provide advice. This is different to using one lawyer, as to be able to use one lawyer the divorcing couple must be aligned with regards to the aim of achieving a consensual outcome and on the basis of there being no conflict of interests between them the lawyer can provide advice to them jointly. There is a place for both mediation and the one lawyer option within the options available to divorcing couples, and indeed they can work together – they are not mutually exclusive of each other or other process options. The different options available can be confusing and overwhelming, it can be difficult for a divorcing couple to know which route to take. The most appropriate way forwards, and the help that the team of professionals required will provide, is dependent on the divorcing couple’s circumstances and needs. Mediators and specialist family lawyers who understand the range of options available, can assess and assist the divorcing couple work out the best way forwards for them.

How can one lawyer act in the interests of both of the divorcing couple?

If using one lawyer the advice given will be specific to the divorcing couple and provided to the divorcing couple jointly. This ensures that both the couple are being given the same advice so they can make informed decisions together. There is a wide range of discretion in family law, there’s often not just one way of dealing with matters. The lawyer can advise the divorcing couple of the pros and cons for each of them so they can weigh up what will work for them both best overall.

Is using the same lawyer expensive?

The costs will depend on the complexity of the issues involved and the time as well as the level of support the divorcing couple need to find solutions. A cost estimate would be provided at the outset, tailored to the divorcing couple and the issues that they need to deal with. Whilst there is just one lawyer rather than two that doesn’t mean that costs are just halved for the divorcing couple, as the one lawyer will have more work to do supporting two clients rather than one. However, using a family consultant will help reduce the overall costs, as the assistance of a family consultant usually lessens the number of meetings required due to the early preparation and emotional support throughout. In comparison to contested court proceedings, if each of the divorcing couple is legally represented, reaching an agreement using one lawyer is likely to cost significantly less.

What happens if the divorcing couple can’t reach an agreement using the same lawyer?

In this situation the lawyer would first look to explore what the blocker might be. If it is an emotional one the family consultant may be able to assist. If it’s a legal issue consideration can be given to having an Early Neutral Evaluation. Either of the divorcing couple can seek their own second independent legal opinion from another lawyer alongside using the one jointly instructed lawyer. Situations can arise though which will mean it’s not possible to reach an agreement using one lawyer. In those circumstances the lawyer would help the divorcing couple understand the other options available and assist them to transition into another process so they can progress matters.

What are the next steps if you are interested in using the Agreeable process?

If you would like to find out more about using our one lawyer service, Agreeable, please contact Kim Crewe on 01273 646919 or email [email protected].