Separating Together: One Couple One Lawyer

When separation becomes inevitable it is important to think carefully about the choices that lay ahead and importantly how best to manage the process for both you and your family.

Divorce and separation are inherently stressful, but the process need not involve costly and lengthy litigation. At Weightmans we offer a truly broad and bespoke range of services tailored to the needs of you and your family which now includes Separating Together: One Couple One Lawyer, as well as other non court options such as mediation and collaborative law.

Based on the Resolution Together concept, Separating Together: One Couple One Lawyer helps make the process of separation simple, straightforward and cost-efficient.

Separating Together: One Couple One Lawyer represents a significant step forward and for those seeking an amicable separation but require help understanding the law and sorting out the necessary legal formalities this could be the solution.

What is Separating Together: One Couple One Lawyer and would it be suitable for me?

The One Couple One Lawyer approach enables you and your former partner to instruct a single lawyer to provide advice and support to you both. Previously it was a requirement that both of you had your own legal representation. The lawyer will help guide you both towards a final outcome whether relating to the financial issues that arise following divorce, dissolution or separation or arrangements relating to your children or both.

If your joint aim is to reach an outcome together that meets your respective needs and the needs of your children then this could be an appropriate option.

It would be particularly suitable if you think that:

Having a single source of advice that is aimed for your joint benefit would be preferable
You both wish to work together towards a resolution but need help first in understanding the law as it applies to your particular circumstances
You have already discussed the terms of an agreement but need to know how that would fit within the law or simply need help in making the arrangement legally binding

You must both give your informed consent to the sharing of all required information and disclosure and must agree that the lawyer who is working with you will not act for either of you individually nor represent either or both of you in court other than where it has been agreed for the purposes of filing an agreed draft order on your behalf.

Who would it not be suitable for?

It is unlikely to be suitable in all cases. This is particularly so where there exists one or more of the following elements:

any form of abuse within the relationship,
concerns surrounding safeguarding,
mental health or capacity concerns,
there exists a significant power imbalance between you,
either person intends to, or believes that the other may seek to, ‘hide’ information,
you have differing views on how to structure a settlement.

What are the benefits?

We are specialists. All of our lawyers are highly experienced family lawyers in both finance and children cases with outstanding reputations for helping couples find swift resolutions to what otherwise might seem overwhelming family problems.
One Couple One Lawyer aims to maintain or even strengthen relationships between the parties involved.
Litigation can be costly, with legal fees paid by both parties and the potential for lengthy legal battles. Using one lawyer can be much more cost-effective, reducing unnecessary expenses.
The parties are empowered to craft their own tailored solutions rather than relying on a judge's decision. This results in outcomes that better align with the unique needs and priorities of your family.
It can lead to much quicker resolutions, enabling parties to move forward with their lives sooner than would be the case with litigation.

How does it work?

All couples seeking to use Separation Together: One Couple One Lawyer will have an individual meeting with their lawyer. This meeting is confidential during which we will discuss your aims and whether this may be an appropriate option.

The meeting will also be an opportunity for you to ask questions about the process as well as consider alternate non court options including Mediation and Collaborative Law that may be better suited to you and your particular circumstances.

Should you both chose to use Separation Together: One Couple One Lawyer and provided it is considered suitable for the two of you by the lawyer - a retainer and agreement will then be signed that sets out the terms of work.

Thereafter the process will depend upon whether there are financial issues or children issues (or both) that need to be resolved as follows:

Financial cases

Most couples will need to consider what will happen to the family home as well as any other property or investments they may have including any business or partnership assets and pensions. Details of the your wealth will therefore be collated during a process of financial disclosure during which all relevant information is obtained and exchanged and valuation reports prepared as necessary before advice is then provided to help facilitate negotiations. The advice will reflect the way the law would see the resolution of the issues and the bracket of likely outcomes. Please note that the law relating to married or civilly partnered couples differs from that if you are unmarried.

Children cases

In cases involving arrangements for children, whether or not in conjunction with any financial issues, areas of mutual agreement will be identified and advice given in relation to any ‘sticking points’ to help facilitate negotiations. The advice will reflect the approach that would be taken by the court and the bracket of likely outcomes that addresses as necessary how the children will share or spend time with each parent (otherwise commonly referred to as contact, access, residence and custody).

Although we cannot negotiate for you, our lawyers can help you both to understand the law relevant to your particular circumstances to help you find the best solution for you and your family.

This could also involve where appropriate bringing in other professionals to support you both to deal with particular questions that may arise for example regarding pension valuations or the tax consequences of a particular arrangement.

Where an agreement is reached the terms can then be incorporated within a written document or draft order to be filed with the court as necessary.

If an agreement cannot be reached or if Separating Together: One Couple One Lawyer is not appropriate we will discuss other approaches that you may wish to consider including Mediation, Collaborative Law, Arbitration and Parenting co-ordination.

Next Steps...

If you would like to find out more about Separating Together: One Couple One Lawyer please click here to arrange an appointment.

Frequently asked questions

Can you both use the same solicitor in divorce?

Yes. Separating Together: One Couple One Lawyer represents a significant step forward in terms of options available to couples. For those seeking an amicable separation but who require help understanding the law and sorting out the necessary legal formalities this could be the solution.
What is Separating Together?

Separating Together is a process that enables two clients to instruct a single lawyer to provide advice and help guide them towards a final outcome whether relating to the financial issues that arise following divorce, dissolution or separation or arrangements relating to their children or both.

It is based on training provided by family law group Resolution and is sometimes called ‘Resolution Together’.
How is this different from Mediation ?

Although there are many similarities in its approach, the significant difference is that whilst a mediator can provide information, they cannot give legal advice to the couple or help them obtain a an approved order from the court that formalizes any agreement reached. Neither is a mediator able to help the couple get other agreed processes underway such as an application for divorce if that is what is required. A lawyer working with a couple under Separating Together can do this.
How is this different from Collaborative Law ?

Collaborative Law requires the couple to each appoint their own collaboratively trained lawyer – one lawyer for each who then represents the interests of their client but with the objective of trying to find the best solution by agreement rather than through court proceedings.

The process thereafter is very similar to the Separating Together: One Couple One Lawyer model except that the couple are each paying for their own lawyers instead of sharing the costs of just one.

It is likely that Collaborative Law would be more suited where a higher level of support is required by one or both parties in the negotiations.

Both processes are designed to help the couple deal efficiently with the issues that require resolution upon separation, reducing the heartache as well as the stress and uncertainty of outcome that often goes hand in hand with more traditional methods. It is often the case that it not the separation itself that does so much harm to families but the way in which people separate.
How do I know if this is right for me?

At the outset there will be an individual assessment meeting with the lawyer to discuss and assess whether this will be the right process for you. That meeting will be confidential during which you will discuss your aims and any concerns that you may have. The lawyer will discuss with you what is involved in the process and any alternative options that may be better suited to ensure you receive the most appropriate service.

For those whose joint aim is to reach an outcome together that meets their needs and the needs of any children of the family then this could be an appropriate option.
How do I start the Separating Together: One Couple One Lawyer process?

Simply contact us here and we will arrange an initial confidential meeting to discuss the options available to you and whether the One Couple One Lawyer approach would be right for you.
What if there are concerns about abuse?

It is unlikely that One Couple One Lawyer will be suitable where there is or has been any form of abuse in the relationship or whether either person feels under any duress to take part.

Similarly, it is unlikely to be suitable where there are safeguarding concerns, questions relating to a person’s capacity or where there is a significant power imbalance within the couples’ relationship that could not be managed appropriately.

These are matters that will be considered by the lawyer at the very outset with each of you and throughout the process should you proceed.
What if one person does not disclose everything?

The One Couple One Lawyer process is based upon the couple giving their informed consent to the sharing of all required information and disclosure.

If there are any concerns about the withholding of relevant information that must be addressed. Otherwise, to continue would mean the couple working outside the arrangements set out in the Retainer and Agreement that the couple will have been required to sign at the outset.

If the matter cannot be addressed satisfactorily, then discussions will need to take place about alternative means of proceeding whether by Mediation, Collaborative Law, Arbitration, Parenting co-ordination or litigation.
Can the solicitor prepare the Consent Order?

Yes. Once an agreement has been reached and after an appropriate cooling off period the lawyer can help you prepare either the written agreement or court order formalising the arrangement that has been reached.
What if we can’t agree or if it is no longer appropriate for us?

If you are unable to reach an agreement or it becomes clear that the One Lawyer One Couple process is no longer suitable we will discuss with each and both of you alternatives that might be of assistance in resolving what still remains in dispute. This could include Mediation, Collaborative Law or Arbitration.

Depending on what stage has been reached it may be necessary at that point for each to then seek independent legal representation.
How long does it take?

One of the benefits of the One Couple One Lawyer process is that it’s not driven by a timetable imposed by the court. The process is entirely bespoke and can be tailored to the families’ individual timetable and priorities.

In some cases, only a couple of meetings may be needed, in others it will be more. Once an agreement is reached however and following a suitable cooling off period, the lawyer will be able to formalize the agreement and where necessary help obtain a court order.