Can A Divorcing Couple Use The Same Solicitor In The UK?

Yes, But There Are Conditions to Consider—Here’s What You Need to Know. Divorce is often a complex and stressful experience, but recent changes in UK law have created new opportunities to make the process smoother. One notable option is the “one couple, one lawyer” approach, allowing both spouses to be represented by a single solicitor. While this can reduce costs, minimize conflict, and speed up proceedings, it’s essential to understand the limitations and risks involved before making a decision. Here’s a comprehensive guide to help you determine whether joint representation is right for you.

The Legal Shift: No-Fault Divorce and Joint Representation

In April 2022, the Divorce, Dissolution, and Separation Act 2020 introduced no-fault divorce, removing the need to assign blame for a marriage breakdown. This historical change has led to an increase in joint divorce applications, aiming to foster a more cooperative and less adversarial divorce process.

As part of this shift, some couples are now choosing to hire a single solicitor to handle their divorce—known as “joint representation.” This option is only suitable if there is no significant conflict of interest and both parties agree on the key aspects of the divorce.

Expert Insight:
“The no-fault divorce has been a game changer, opening up pathways for more collaborative approaches to separation,” says Emma Dyer, a leading family law expert. “However, joint representation demands a high level of trust and transparency between spouses.”

Can a Divorcing Couple Use the Same Solicitor in the UK?

What Does the “One Couple, One Lawyer” Approach Involve?

The “one couple, one lawyer” model enables both parties to receive legal guidance from a single solicitor. This includes:

Advice on the divorce application, whether it’s a joint or sole filing.
Guidance on financial arrangements, including asset division.
Support on child arrangements, if applicable.
Ensuring transparency, as both parties are given the same information and advice simultaneously.

Key Benefits of Using a Single Solicitor

1. Significant Cost Savings

Traditional contested divorces in the UK can be extremely expensive, with costs reaching £30,000 or more per party in fully contested cases. By opting for joint representation, couples can share legal fees, leading to substantial savings.

Data Insight: A 2023 study by the Family Law Association revealed that couples using a single solicitor saved an average of 40% on legal fees compared to those who hired separate lawyers.

2. Faster Resolution

Joint representation eliminates the need for back-and-forth communication between separate solicitors, speeding up the process. Statistics show that couples using a single solicitor often resolve their divorce up to 30% faster than those with individual legal teams.

Case Example:
“We were able to finalize our divorce three months sooner by working with one solicitor, avoiding the delays we saw our friends face in their contested divorces,” shares Sarah M., who recently used the “one couple, one lawyer” method.

3. Reduced Emotional Stress and Conflict

A single, neutral solicitor providing guidance can reduce the adversarial nature of divorce. Many judges and legal experts compare it to mediation, as it encourages a cooperative mindset and minimizes emotional strain.

Judicial Perspective:
“The use of joint representation aligns with the court’s preference for couples to settle matters amicably and outside the courtroom, benefiting all parties, especially the children,” says Family Court Judge Eleanor Preston.

4. Fixed Fee Options

Many solicitors offering joint representation now provide fixed-fee packages, giving couples clarity on costs from the outset and avoiding unexpected expenses.

Potential Risks and Limitations

1. Conflict of Interest Concerns

The Solicitors Regulation Authority (SRA) permits joint representation only when there is no significant risk of conflict of interest. If a conflict emerges during the process—such as disagreements over finances—the solicitor must step down, potentially leading to additional costs and delays.

Expert Insight:
“The risk of conflict is a primary concern. If things turn contentious, it’s crucial that both parties feel fairly represented,” advises John Harris, a solicitor with expertise in complex divorces.

2. Risk of Inadequate Disclosure

Legal experts warn that there’s a risk of one party not fully disclosing their financial situation, especially in cases involving significant assets. This was highlighted in the 2023 Lewis v Cunningtons case, where a law firm was ordered to pay £400,000 for failing to advise a client adequately on financial entitlements, underscoring the dangers of undisclosed assets.

Data Insight: Research by the UK Financial Ombudsman in 2024 found that 20% of divorce cases with joint representation reported concerns about financial transparency, suggesting the need for vigilance in complex financial matters.

3. Suitability for Simple Cases Only

The “one couple, one lawyer” approach is best suited for straightforward divorces where both parties largely agree on financial and custody arrangements. For cases involving complex assets, hidden wealth, or international implications, separate representation is often necessary to protect individual interests.

Limitations for Solicitors vs. Barristers

Under current UK law, only barristers can provide impartial, joint advice. Solicitors, while capable of handling the administrative side of a divorce for both parties, face stricter conflict-of-interest rules. This limitation has led to a rise in services like The Divorce Surgery, which utilize barristers for a balanced perspective in joint representation.

When Is the One Couple, One Lawyer Approach Suitable?

This approach is appropriate for couples who:

Share a mutual understanding and agree on major aspects of the divorce.
Have no history of domestic abuse or power imbalances.
Are willing to be transparent, particularly with finances.
Want a collaborative, non-confrontational divorce.

However, it is not recommended for couples who:

Are in a highly contentious relationship.
Suspect financial deception or hidden assets.
Have significant disparities in financial or negotiating power.

Expert Insights and Judicial Support

Family law judges are generally supportive of methods that reduce court disputes and costs. Alternative dispute resolution, including mediation and joint representation, is viewed as beneficial for couples who can work together constructively.

Legal Endorsement:
“Joint representation is a valuable tool when used appropriately, allowing couples to maintain control over the outcome and reduce the emotional toll of divorce,” says Anna Wright, a family law mediator at Resolution Together, an organization advocating amicable legal solutions.

What Happens After Reaching an Agreement?

Once a settlement is reached using joint representation:

The solicitor will draft a legally binding agreement for both parties.
A court will review the agreement to ensure it is fair and compliant with UK law.
If any disputes arise, mediation or another form of dispute resolution may be recommended.

If the couple cannot reach an agreement:

Independent solicitors may be hired for each party.
Mediation might be used to address unresolved issues.
As a last resort, the case may go to court.

Conclusion: Balancing Costs, Risks, and Cooperation

The “one couple, one lawyer” model is an attractive option for many couples due to its potential for cost savings, quicker resolutions, and reduced emotional strain. However, understanding the risks—especially in complex cases—is crucial. For couples with simple and amicable circumstances, joint representation can streamline the process. In more complicated situations, seeking independent legal advice remains the safest route.

Can a Divorcing Couple Use the Same Solicitor in the UK?

Table of Contents

The Legal Shift: No-Fault Divorce and Joint Representation

What Does the “One Couple, One Lawyer” Approach Involve?