One Lawyer Two Clients

Following the introduction of no fault divorce in April 2022 which removed blame from the process, it is now possible for couples to apply jointly for a divorce. This means that it is no longer necessary for each client to be represented separately so long as the issues arising out of the separation and divorce do not indicate that there is a conflict of interest or potential risk of conflict of interest. If there is a power imbalance between the couple, this would indicate a potential risk of conflict. A solicitor trained in the Resolution Together model will screen whether it is suitable to act for both parties in a divorce.

Resolution Together is a single lawyer model introduced by Resolution in 2022 in response to the introduction of no fault divorce in April 2022. Resolution Together is a regulated way of working within the SRA regulations for Solicitors, which is grounded in a set of principles and good practice that protects clients that wish to use this service. The service is available for clients who wish to solve problems outside of court and are able to do so amicable and free of conflict. It requires a commitment on their part to be completely open, transparent and provide full disclosure in all communications. The scheme is a more cost efficient and effective path to reaching an out of court solution as only one lawyer is used, although where it is necessary, referrals and interactions may be necessary with other family justice professionals such as mediators, arbitrators, and therapists. A bespoke solution is reached for our clients on a case by case basis.

Yes, to the extent that the legal professional can provide information and advice that helps the couple to achieve what they want or need. But if a conflict arises, perhaps due to the strongly held beliefs of one or both of the couple, then this would need to be explored to see whether it can be appropriately resolved.

Yes, this way of working is suitable for couples who wish to reach an outcome which meets their needs and the needs of their children, but the legal professional instructed may only work with them jointly and where matters have been agreed. It is unlikely to be suitable for matters involving complex aspects of the law.

We normally invoice our clients on the basis that they each pay half of the legal professional’s fees. However, the couple are free to choose between them who will pay.

This depends on what support is required and for how long. Arranging finances and children is likely to take a number of joint sessions as well as preparation of paperwork, followed in many instances by lodging Orders for approval by the Court.

No, you can start working with the legal professional at any time, although the divorce process is designed so that after it has started, there is a period of 6 months to enable finances and children arrangements to be agreed. There is therefore no advantage in delaying the start of the divorce process.

If the meeting is in person, then it will be easier from a practical point of view for everyone to be in the same room. If there is concern about being in the same room as a result of safeguarding concerns, or due to a significant power imbalance that cannot be managed appropriately, then it is likely that this would not be the right way of working for you.

Yes, the meetings can be arranged remotely via video conferencing with the legal professionals and couple in separate locations if the couple are happy to do so.

The single solicitor/lawyer instructed can draft a binding outcome either by way of an agreement or contract, or order which can be lodged with the Family Court for approval, providing the couple are in complete agreement.

One lawyer two clients is an advice based service where both clients are able to receive legal advice on a joint beneficial basis, who are not in a dispute or conflict.