Do Both Sides Need a Solicitor in Divorce?

When you are separating and trying to divorce amicably it is tempting to think that it is the divorce lawyers who will be the problem in reaching an amicable separation. You may assume that divorce solicitors will pit both of you against one another, racking up the solicitor costs, and leaving both of you worse off.

There is a way to share one divorce solicitor. At Evolve Family Law we provide a One Lawyer Divorce Service. However, the service is not the best or right option for every divorcing couple.

In this article, our family lawyers explain how both sides can share one divorce solicitor and whether our One Lawyer Divorce Service may be a suitable option for you.

For family law help call our team of specialist divorce lawyers or complete our online enquiry form.

The One Lawyer Divorce Service

The One Lawyer Divorce Service means both sides to a family dispute share the same family lawyer. You could be a couple wanting to negotiate a separation agreement, an unmarried family trying to sort out the sale of a property and who gets the equity from the sale, or a divorcing couple wanting to get divorced and sort out their financial settlement.

Why share a divorce solicitor?

Sharing a divorce solicitor is not right for every divorcing couple but it can have potentially massive benefits. These include:

1. You pay for one divorce solicitor and not 2
2. You are all committed to working together. That may be to achieve your no-fault divorce, negotiate a financial settlement and secure a financial court order from the court or sign off on an agreed parenting plan
3. You share the same information from the shared divorce solicitor as the divorce lawyer will give you both the same information and advice. There can be no saying ‘’well my lawyer says I will get X’’ by your estranged partner when you are adamant that your divorce solicitor says ‘’you will get Y’’ if you go to court for the judge to decide on the financial settlement. A shared divorce solicitor will tell both of you that the court could order X or Y and that there is always a litigation risk if you go to court rather than reach a compromise and ask the court to make an agreed financial court order
4. You avoid delay because documents are not sent back and forth between you and 2 separate divorce solicitors

Should YOU share a divorce solicitor?

At Evolve Family Law we recognise that our One Lawyer Divorce Service the Service is not right for everyone who is going through a separation or a divorce.

As well as you asking yourself if you should share a divorce solicitor with your husband or wife our family lawyers will also explore whether the Service is the best option for you.

Sometimes it is obvious that you can make a success out of sharing a divorce solicitor and sometimes it isn’t as clear cut. Whether you should share a divorce solicitor or not is not dependent on the value of your property and assets or the complexity of dividing them to reach a fair divorce financial settlement. Instead, it is more about whether:

1. You can work together with your ex-partner to resolve matters amicably
2. You are both ready to reach an agreement. For example, one of you may feel too raw about the separation to be able to think clearly enough to have direct and open discussions
3. You can be open and honest with your ex-partner and they will be equally open with you to help in achieving a fair resolution

The One Lawyer Divorce Service at Evolve Family Law

If you want to find out more about our One Lawyer Divorce Service and how we might be able to help you then the next step is for a divorce solicitor to meet with you and your ex-partner in separate meetings.

We need to see you separately to check that the process is right for both of you. That is in both of your best interests as you do not want to start a process unless there is a realistic prospect of it being suitable for both of you in reaching an agreement or in securing your no-fault divorce.

You may ask how we can assess if our One Lawyer Divorce Service is the best fit for you. We do this by providing the Service through trained expert family law solicitors who comply with the principles, standards, and guidance from the national organisation for family justice professionals who work with families and individuals to resolve issues in a non-confrontational manner (Resolution).

When you should not share a divorce solicitor

Sharing a divorce solicitor may not be right for you or your ex-partner, especially if:

1. During the relationship your ex-partner was controlling and tried to take over decision-making or accused you of trying to exercise coercive control
2. You suspect your ex has been hiding assets from you or you know that your ex-partner thinks that you have been siphoning money from a family business or savings
3. Your ex was violent towards you or your child or accused you of domestic abuse
4. You are concerned about your child’s safety. For example, you may be worried that your ex-partner plans to take your child overseas without first getting your agreement or a relocation order
5. Your ex-partner has very entrenched views and will not be open to discussion about compromise

Although it may not be appropriate for you to share a divorce solicitor it does not mean that you will have to ask the court to make a child arrangement order to sort out child custody and contact arrangements for your child or to make a divorce financial settlement. Our divorce solicitors can explore alternative options with you, such as family arbitration or solicitor negotiations, to help you work out the best way forward.

For family law help call our team of specialist divorce lawyers or complete our online enquiry form.