The benefits of divorcing couples using one lawyer
Divorce is often (and understandably) portrayed as a contentious, emotionally draining process, rife with legal battles and high financial costs.
However, not all divorces need to unfold this way. For couples willing to work collaboratively, using one lawyer for the divorce process can offer significant advantages.
While this approach isn’t suitable for every situation, it has many benefits for couples seeking an efficient and less adversarial way to sort out their financial arrangements and arrangements for their children.
Cost-effectiveness
One of the most notable benefits of using a single lawyer is the cost saving. The traditional approach to dealing with matters, where each spouse instructs their own lawyer, can quickly escalate in cost, as each lawyer charges separate fees for consultations, court appearances, document preparation, and negotiations. By contrast, using one lawyer eliminates duplicate efforts and halves the expense incurred.
Having separate lawyers can often result in lots of back-and-forth correspondence which not only incurs costs initially, but can lead to misunderstandings and heightened tensions, resulting in additional costs later on.
This approach can be particularly attractive for couples whose priority is to retain their assets for post-divorce expenses like housing, education, or those who wish to retain as much as possible in savings to supplement their income.
A quicker process
When each spouse instructs their own lawyer, the back-and-forth negotiations can be time-consuming, especially if the lawyers adopt adversarial approaches. Using one lawyer streamlines communication and reduces delays and the potential for further conflict often caused by this type of approach.
A single lawyer works as a neutral facilitator and advisor, guiding both parties through the legal process and helping them reach mutually agreeable solutions. This can significantly speed up the process, allowing both individuals to move forward with their lives sooner.
Reduced conflict and stress
Divorce is inherently emotional, but involving two lawyers can sometimes amplify tension thereby creating conflict. This is particularly true when lawyers advocate aggressively for their clients’ interests without considering the broader implications for the family. With one lawyer handling the divorce, communication is more direct and straightforward. Both parties receive the same information at the same time, ensuring clarity and reducing the likelihood of misinterpretation.
Using one lawyer fosters a more cooperative and less combative environment. This approach can lead to a more peaceful resolution, which is especially important if the couple has children and will need to maintain an ongoing co-parenting relationship.
Bespoke solutions
Couples who choose to work with one lawyer often have a greater ability to craft creative, bespoke solutions that suit their unique needs. Because the process is more cooperative, the focus shifts from “winning” to finding mutually beneficial outcomes.
For example, a single lawyer can help the couple develop a tailored parenting plan that prioritises their children’s well-being or create a financial agreement that reflects their shared goals such as including financial provision for children or grandchildren.
This level of customisation is harder to achieve in a litigated divorce, where decisions are left to a judge who has limited powers and may not fully understand the couple’s priorities.
A child-centred approach from the outset
For divorcing couples with children, minimising conflict is critical to protecting their emotional well-being. Children are often the unintended casualties of contentious divorces, as they can feel caught in the middle of their parents’ disputes.
Using one lawyer can help the couple focus on making decisions that prioritise their children’s needs. By fostering cooperation and reducing animosity, this approach creates a healthier environment for the children and sets the stage for effective co-parenting in the future.
Empowerment and mutual Respect
Choosing to work with one lawyer requires both spouses to engage in open, honest communication and take an active role in the decision-making process. This can be empowering, as it allows them to maintain control over the outcome of their divorce rather than leaving it in the hands of a judge.
Moreover, the process of working collaboratively can help preserve mutual respect between the spouses, which is especially important if they need to maintain a relationship as co-parents or wish to part ways on amicable terms.
Limitations to consider
It’s important to note that using one lawyer isn’t suitable for every divorce. The lawyer cannot provide separate legal advice to either party, and all advice which they do provide is shared from the outset. Both parties must also be agreeable to the sharing of all relevant information at the outset. The lawyer acts as neutral advisor, assisting in helping couples reach informed decisions themselves.
This approach may not be appropriate in cases where there is a significant power imbalance, high levels of conflict, a history of abuse, or an unwillingness on either side to share financial information. However, where this is the case, it does not automatically mean that court proceedings are inevitable, and other out of court options such as mediation, and collaborative approaches, should be explored at the outset with a chosen specialist lawyer.
Could using one lawyer be right for your divorce?
For divorcing couples who are willing to cooperate and work toward a mutually agreeable resolution, using one lawyer can be an efficient, cost-effective, and less stressful alternative to traditional divorce proceedings. By prioritising collaboration over conflict, couples can navigate the divorce process with dignity and respect, setting the stage for a smoother transition to the next chapter of their lives.
Laura Williams is a partner and family mediator in the Worcester office of HCR Law.
