A step-by-step guide to the One Lawyer, Resolution Together approach

This is a process where a couple will engage with one lawyer who will work with them both through their divorce and any ancillary issues. It promotes cooperation and a forward-looking perspective to amicably work towards an solution out of court that is satisfactory for all parties.

The jointly instructed lawyer will work on behalf of both parties in these circumstances, with both receiving neutral advice as to a fair outcome. It seeks to reduce animosity and polarisation that can often plague what is already a stressful situation, and is more cost-efficient thanks due to only requiring the services of one lawyer rather than two.

This makes it a good fit for those looking to handle their separation with mutual respect, fairness and a focus on the future. It is particularly helpful in situations where children are involved.

In order to assess whether or not the One Lawyer approach is suitable for a separating couple, the lawyer will assess the parties’ ability to properly provide their instructions and any relevant circumstances surrounding the divorce.

Initial consultation and building the foundations

The first step in the One Lawyer process is for each party to separately meet with a specially trained family lawyer. During this step, the lawyer will advise about the process and conduct a thorough risk assessment to ensure that the process is suitable. It’s important that both parties are committed to achieving a resolution through cooperation rather than confrontation.

A foundation for cooperation can then be set. Each party agrees to be open, transparent, and respectful throughout the process. This commitment is often formalised in a “Participation Agreement,” which outlines the rules and expectations of the divorce process.

The key here is mutual respect and a shared understanding that you are both striving for an outcome that will be best for your family, especially if children are involved. With this mindset, the divorce process moves away from a contentious legal battle and towards a negotiation model.

Information gathering and full disclosure

Once the lawyer has determined that the process is suitable, the first joint meeting will be arranged. During that meeting the lawyer will provide generic advice surrounding the parties unique circumstances. Further, a critical part of any divorce is understanding each other’s financial situation. In the One Lawyer approach, both spouses agree to provide full financial disclosure. This includes sharing information about income, assets, debts, and any other financial matters that may be relevant to the process and outcome. It is at this stage that we can agree to involve other professionals in the process such as a financial advisor, tax expert or pension actuary.

Full transparency ensures that the lawyer can provide specific advice, that both parties can make informed decisions after receiving the advice, and any agreement is fair.

Collaborative problem solving

With a clear understanding of the circumstances and support from other professionals where required, problem solving can begin. This is where looking forward and collaboratively working towards goals is essential, rather than dwelling on the past, trying to assign blame and reigniting conflict..

In this step, you’ll work with your mutual lawyer and any other chosen professionals to explore solutions. You’ll receive expert advice and brainstorm options, evaluate the pros and cons of each solution, and decide on the best path forward.

A huge bonus to this process is that you can agree between you, options which suit your family, rather than something being imposed by a Court, which neither of you may agree with.

Fair settlement and finalising the divorce

After discussing and negotiating the various aspects of a divorce, the next step is to reach a fair and balanced settlement. Once both parties agree on the terms, the lawyer will formalise the agreement in a legal document.

In the One Lawyer approach, the court’s involvement is minimal, and is usually limited to approving the terms of the agreement. After approval, the divorce can be finalised.

In many cases, everyone involved feels more satisfied with the final outcome as it has been a collaborative and negotiated process. Handling divorces this way is typically a much faster and cost-effective approach, avoiding lengthy court input and alleviating further emotional and financial stress.

If you and your spouse are committed to ending your marriage in a respectful and cooperative manner, the One Lawyer approach could be the perfect solution for you. Get in touch with our specialist team if you’d like to find out more.