Can You Use a Joint Divorce Lawyer?

If you’re looking for a joint divorce lawyer, you’re probably hoping to keep your divorce as straightforward and constructive as possible. Many couples wonder whether they can work with one solicitor instead of instructing separate lawyers.

Can one solicitor advise both spouses?

Yes. In England and Wales, solicitors and barristers can advise a separating couple together as to what a legally fair outcome would be with regards to the division of their finances or arrangements for their children.

It used to be believed by the profession that a solicitor could not advise both spouses in a divorce because they have a duty to act in the best interests of their own client. So if a conflict of interest arises, they cannot represent both parties fairly. However, The Divorce Surgery established this was not the case when it became the first regulated law firm to offer joint legal advice to separated couples. Since then, many law firms have followed suit and also offer their own versions of ‘One Couple One Lawyer’. The key is in the retainer: the solicitor or barrister must advise the couples impartially as to what a court would consider legally fair, and the couple must bee screened individually for suitability.

How does the one-lawyer approach work?

A one-lawyer approach allows both people to work together with the support of a single solicitor or barrister throughout the process. Rather than representing one person against the other, the solicitor or barrister helps the couple understand what is legally fair and prepare the necessary legal documents.

For many couples, this offers a practical balance between ensuring they get legal advice and working together to reach a fair outcome.

Who is this approach suitable for?

A joint divorce lawyer approach can work well when both people:

  • want to reach an agreement together
  • are open and honest about their finances
  • communicate respectfully
  • are committed to finding fair solutions
  • want to avoid unnecessary conflict where possible
  • want to control costs (many joint divorce lawyers offer fixed fees)

Every relationship is different, so the right approach depends on your individual circumstances rather than following a single model.

When are separate solicitors a better option?

There are situations where separate legal representation is the safer and more appropriate choice.

For example, separate solicitors may be needed if there are concerns about hidden assets or a history of controlling or abusive behaviour. In these circumstances, each person should receive independent legal advice tailored to their own interests.

All regulated joint divorce lawyers will screen couples individually before any joint process starts, and let you know at that stage if you need separate solicitors.

What are the benefits of working together?

For couples who are able to cooperate, working through a shared legal process can offer several advantages.

It can reduce duplication, simplify communication and often help keep legal costs under control. It may also allow discussions to remain focused on finding practical solutions instead of becoming adversarial.

Perhaps most importantly, many couples find that a constructive process helps them preserve a better relationship after the divorce, particularly when they will continue to co-parent.

Is a joint divorce lawyer right for you?

Although the phrase joint divorce lawyer is commonly used, it’s more accurate to think of it as a collaborative, one-lawyer process rather than one solicitor representing two opposing clients.

If you and your spouse both want to resolve matters calmly and fairly, it can be an effective alternative to taking separate legal routes from the beginning. The best approach is always the one that fits your circumstances and helps you move forward with confidence.

At The Divorce Surgery, we help couples navigate divorce together through our one-lawyer approach, offering clear legal guidance while supporting constructive discussions throughout the process.

Author Name: The Divorce Surgery
tdsadmin Published content by The Divorce Surgery Editorial Team.

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