Key takeaways
No-fault divorce drives change
Reform has helped encourage a more constructive approach to separation.
One Couple, One Lawyer explained
Including the benefits of a single neutral solicitor jointly guiding both parties.
Cost and time savings
Joint advice has the potential to reduce fees and speeds up resolution.
The landscape of family law in England and Wales has evolved significantly in recent years, particularly following the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020, which came into force in April 2022. This reform has paved the way for more constructive approaches to separation, including the increasingly adopted One Couple, One Lawyer model.
What is the One Couple, One Lawyer model?
The One Couple, One Lawyer model allows separating couples to jointly instruct a single, neutral solicitor to guide them through the legal process. Rather than each party retaining their own legal representative, both individuals work together with one solicitor to reach a fair and legally sound agreement. This solicitor provides legal information and facilitates discussions but does not act for either party in the traditional adversarial sense.
It is particularly suited to couples who are broadly in agreement, wish to avoid litigation, and are committed to resolving matters amicably.
Recent research conducted by Dr Rachael Blakey at the University of Warwick presents the first detailed insights on the One Couple, One Lawyer format in England and Wales and how it is being used in practice. Drawing on interviews with 24 family lawyers, the study found that the model can be highly effective in facilitating agreement between certain divorcing or separating couples, especially in the context of no-fault divorce.
Cost and efficiency
One of the most compelling advantages of the One Couple, One Lawyer model is its cost effectiveness. According to recent analysis, collaborative and joint representation models typically cost 40-60% less than traditional litigation, with most cases resolving for £5,000-£15,000, compared to £25,000-£50,000+ for contested proceedings.
In addition to financial savings, the model often leads to quicker resolutions. By working with one solicitor, both parties receive the same information simultaneously, reducing delays and the risk of miscommunication.
Safeguards
While the model offers many benefits, it is not suitable for all cases. It is generally inappropriate where there are safeguarding concerns, a history of domestic abuse, or significant power imbalances. A solicitor will assess the suitability during an initial consultation to ensure that both parties can engage safely and constructively.
Where appropriate, the solicitor may also involve other professionals (such as financial advisers or family consultants) to support the couple in reaching a comprehensive and fair agreement.
Alignment with Resolution Together
The One Couple, One Lawyer model is supported by Resolution Together, an initiative developed by Resolution, the national organisation of family law professionals. Resolution is working closely with the Solicitors Regulation Authority to ensure the model operates within current professional and ethical standards.
Resolution Together promotes a non-confrontational approach to family law and encourages solicitors to offer joint representation where appropriate. It is not mandatory for Resolution members but is available to practitioners who are committed to minimising conflict and supporting families constructively.
Conclusion
The One Couple, One Lawyer model reflects a broader shift in family law towards more constructive, client-focused approaches. It offers a practical alternative to traditional representation, particularly for couples who are committed to resolving matters amicably and without unnecessary conflict.
While it is not suitable for every case, and careful screening is essential, it can be an effective and proportionate solution for many separating couples, especially in the context of no-fault divorce. The model promotes clarity, reduces duplication, and can significantly lower both the emotional and financial costs of separation.
For practitioners, models like Resolution Together offer a way to meet the evolving expectations of clients while maintaining high standards of professionalism. They support a legal culture that prioritises resolution over confrontation and encourages families to move forward with confidence and mutual respect.
A reminder
We offer the One Couple, One Lawyer service as part of our commitment to helping families navigate separation constructively. If you or your clients would like to explore whether this model is suitable, please contact us for further information.
This article was co-authored by Laura Clarke, Trainee Solicitor at Hill Dickinson.
