Legal

Laura Somoza Simon Walker Rebecca Silcock

Elizabeth Dowler

A NEW APPROACH

ONE LAWYER TO HELP SEPARATING COUPLES

Simon Walker, Senior Associate Solicitor, Family Team, Mogers Drewett

Victoria Cobham

In April 2022, the law surrounding divorce changed. The new law meant that it is no longer necessary to apportion blame, such as citing unreasonable behaviour or adultery, when applying for a divorce. The introduction of the ‘no-fault divorce’ process also allows couples to make an application for a divorce jointly, rather than it being a requirement for one person to instigate the process. This change in the law has also triggered a new way of thinking; namely, can one lawyer jointly advise parties going through a divorce or separation?

For decades, the prospect of one lawyer advising both parties experiencing separation would have been considered a conflict of interests; this meant that each party would need their own lawyer or be faced with having no legal representation at all.

The concept of a conflict of interests could be frustrating for couples who were largely in agreement about how they hoped to arrange their finances and childcare after separation but needed some specialist advice and support to agree on the details. Further, many felt that the concept of having separate lawyers on opposing sides could increase the risk of acrimony and conflict where, in reality, little existed.

Fortunately, changing attitudes in family law mean that it is now possible for one lawyer to jointly advise parties going through a separation, both in relation to financial and childcare matters.

How will it work? The process requires parties to work amicably together with their lawyer; there needs to be a real commitment to finding solutions. Importantly, it requires trust and co-operation between the parties and a willingness to provide relevant disclosure of financial and other important circumstances.

The process is not suitable for everyone, particularly where there are concerns about past or ongoing abuse, dishonesty or where there is a significant imbalance of power between the respective parties.

The benefits When appropriate, the ‘one lawyer’ approach has numerous benefits including: •The ability to truly work together to reach an agreed outcome. •Openness and transparency; both parties will receive the same advice from their lawyer, aimed to benefit them both and the family as a whole. •A more cost-effective solution.

The ‘one lawyer’ approach can be an effective way for parties to be guided through the legal process of separation whilst maintaining dignity and mutual respect for one another.