One Couple, One Lawyer
One couple, one Lawyer: What is it? What are the upsides? What are the risks? And will the UK embrace it?
Divorce doesn’t have to be an acrimonious battle. Over the last few years a new option, one couple, one lawyer - has started to attract attention in the UK.
Instead of each spouse instructing separate solicitors, the couple jointly appoints a single lawyer (or legal team) to help them negotiate and document their separation. The lawyer acts as an impartial facilitator rather than an advocate for one side, providing legal support, setting out options, drafting agreements and, where appropriate, preparing court paperwork to reflect what the couple has agreed.
The model has been promoted within the family law sector as an explicitly non-adversarial alternative to the traditional “each partner gets their own lawyer” model. A major driver of this shift has been the family law organisation Resolution who have long campaigned for a more constructive approach to separation.
Resolution launched its ‘Resolution Together’ initiative in 2022 to give solicitors a clear framework for providing legal advice to separating couples jointly. The project offers training, guidance and professional standards designed to help lawyers navigate the tricky ethical terrain of joint representation. By formalising the approach, Resolution has tried to move the one couple/one lawyer model from a theoretical idea into a credible, regulated practice that clients and practitioners alike can trust.
Why has the idea of one couple, one lawyer gained traction?
The appeal of the one couple, one lawyer principle is obvious. By sharing a lawyer, separating couples can often resolve matters more quickly and at lower cost. With one professional doing the legal drafting and advising both parties, the process is usually leaner with less duplication of correspondence and negotiation.
For many couples, especially those determined to keep things amicable, the joint approach also reduces the sense of conflict. Instead of being positioned as opponents in a zero-sum battle, both parties hear the same legal advice in the same room. This common frame of reference can make discussions less adversarial and more constructive, not to mention limit misunderstandings. Also, as both parties have had the same advice, there is less scope for one side to suspect the other has been given an unfair advantage, which is another factor that draws out the divorce process and escalates the emotions involved.
The approach is also gaining credibility within the profession. Resolution’s active promotion has given practitioners confidence to experiment with the model, while family law networks and a growing number of firms have expressed their support for one couple, one lawyer.
What are the risks of one couple, one lawyer?
Admittedly, the one couple, one lawyer model is not without problems.
At its heart lies a lawyer’s core professional obligation, to act in the best interests of a client. Representing two people whose interests might be different creates an immediate tension. Regulators like the Solicitors Regulation Authority are clear that joint representation must only happen when there is no genuine conflict of interest and that firms must put in place strict checks and safeguards before proceeding. If a dispute does emerge during the process, the lawyer will usually have to stop acting for both parties altogether.
Power imbalances between partners pose another risk. If one spouse is more financially literate, wealthier or simply more assertive, the neutrality of a shared lawyer can sometimes conceal inequalities in bargaining power. Without their own advocate to push back, the more vulnerable partner may feel pressured into concessions that are not in their best interests. Some critics worry that, in such situations, one lawyer cannot realistically protect both sides equally.
The model is also unsuitable for certain types of separations.
Cases involving allegations of domestic abuse, hidden assets, or strongly opposed positions on children or finances are simply too complex and too fraught for a single neutral lawyer to handle ethically. In these circumstances, separate representation remains essential. Even when couples are broadly cooperative, there can be an instinctive discomfort about not having a lawyer “in your corner.” This has limited the appeal of the one couple, one lawyer model.
Will one couple, one lawyer become an accepted option in the UK?
Looking ahead, it seems likely that the one couple, one lawyer principle is likely to become more common, though probably within a relatively narrow band of cases.
Several trends favour this growth. The introduction of no-fault divorce in 2022 has already encouraged a more conciliatory mindset among separating couples. At the same time, pressure on the family courts and the shrinking availability of legal aid make cost-effective alternatives highly attractive. Firms are already actively developing structured services that incorporate eligibility screening, written consent and clear information on when independent advice might still be necessary. These measures help to address the ethical objections while still delivering the efficiency benefits.
Resolution’s role could remain pivotal. By offering the Resolution Together framework, the organisation has effectively legitimised as well as popularised the one couple, one lawyer model. Its endorsement reassures both clients and practitioners that one couple/one lawyer is not a risky experiment but part of a credible, regulated shift in how family law might be practised.
However, for wider acceptance, three conditions will be key:
- Robust professional standards so that clients can trust in the impartiality of the lawyer
- Clear eligibility rules to ensure that the model is used only where appropriate
- Greater public awareness so couples understand both its potential and its limits
If these conditions are met, the one couple, one lawyer model could well become an established alternative within the family law landscape, particularly for couples who are cooperative, reasonably balanced in their positions, and determined to avoid unnecessary conflict.
In our opinion, one couple, one lawyer will never replace traditional representation, nor should it. Many couples will continue to need the protection of their own solicitor, particularly where power imbalances or disputes make joint advice unsafe. However, as part of the wider menu of non-adversarial options that already includes mediation, collaborative law and solicitor-assisted negotiation, it has real potential.
For the right couples, one couple, one lawyer offers a way to part with dignity, speed, and lower expense. If professional safeguards continue to develop and initiatives like Resolution Together gain wider traction, the model could well quietly start to establish itself as a mainstream option for amicable separations in the UK.
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