One Lawyer Divorce – Separate Together

There are numerous benefits to sharing one lawyer upon divorce. Apart from the obvious cost saving of only instructing one lawyer, research has shown that couples who work collaboratively to reach an outcome with one external adviser often find agreement easier, agreements reached tend to be implemented consistently. That same research also shows that parties who work together in this type of way will often have better ongoing relationships between themselves, and specifically for the benefit of any children of their family.

Ultimately, despite the breakdown of any relationship, working together with one lawyer will ensure that parties retain dignity and respect for each other in that process, and this will lead to better long-term relationships and a decrease of the emotional, physical, mental and financial stress of the situation.

From a lawyer perspective, the benefits of working with just one is that there is no room for wasted time and cost in arguments between respective lawyers, and issues that arise can be dealt with frankly and openly with both parties, drastically reducing the risk for miscommunication and misunderstanding. This in turn leads to quicker and better outcomes for parties.

Unlike other models, such as mediation, the role of a lawyer in the Separate Together model is not as a facilitator, but as an independent lawyer acting for both parties. This means that there has to be complete transparency from the parties as to the position and situation, both factually and financially, but equally there has to be honest, open and frank advice provided to both parties by the lawyer instructed.

The basic tenet of the Separate Together model is that the lawyer provides both guidance and legal advice to both parties. From a practical perspective, this is not that unusual for the lawyer as part of any instruction from a client often involves advising that party that their view on a particular issue is incorrect, on either a practical or legal basis and therefore, replicating this in the Separate Together model is not something that is unusual or out of the ordinary for the instructed lawyer.

Sometimes lawyers have to advise parties that their stance or position on a particular issue is wrong.

Separate Together is not a model that is right for everyone.

For the model to be successful, there are some important rules that must be satisfied from a compliance perspective but also there is a right approach and mindset that needs to be adopted for this to be right.

For this model to be right for parties, they must satisfy what is known as the common interest exception to the general rule that a lawyer cannot act for both parties in a potential dispute. This exception applies when parties are fundamentally agreed as to the right approach and principles to be applied to their matter.

For example, if the parties are generally agreed that they wish to, and it is right to, split equally their assets on separation or divorce, but are struggling to deal with issues such as valuation of shares in a business, or how to treat different types of pensions, then this would be a good example of where the common interest exception would apply and this model be right for those parties.

It is essential in the Separate Together process for the parties to enter into a written agreement between themselves and their lawyer regarding transparency and openness. This means that any information that is sought by either party, or the lawyer, needs to be fully and frankly disclosed and there is nothing that is off-limits in terms of information and documentation.

It is also important that both parties enter this process with an open mind as to the options available and how a case may resolve itself. This might often involve bringing third parties into the process, such as financial advisers or accountants, to assist in understanding the technical and financial implications of a particular option to allow the parties to fully consider, with the benefit of the right support, all of the options that may be available.

The Separate Together model is not suitable for those parties who have a fundamental difference over how assets should be treated and dealt with on separation, or any other issues that they are diametrically opposed upon. For example, if one party seeks legal division of the assets, but the other believes that certain assets should be discounted from that process, then this model is not going to be suitable for those parties.

Similarly, those parties in high conflict situations, or where there are allegations of domestic abuse, are not going to be suitable for this process as it is important that both parties feel comfortable and able to express themselves freely and openly as part of this model.

If one party or the other decide that they do not want to disclose certain information to the other party, again, this process is not going to be suitable for them. The need for openness and transparency in this process is central to its ultimate success.

Absolutely.

The lawyers’ role in representing both parties in the Separate Together model is predicated on providing robust and honest legal advice to both parties, and this must include protecting individual interests and pointing out where inequality or unfairness may arise as a result of a particular suggestion or possible outcome.

It is part of our lawyers’ day to day role to look out for and point out these individual interests and be alive to them and aware of them when not only representing their individual clients, but also when considering the impact and possible responses to any proposals that they wish to put forward to an opposing party in the traditional model. Seeing these individual interests is something that our lawyers are skilled and highly experienced at dealing with and are a key part of any legal adviser’s role.