Separate well with one lawyer

Designed to offer a cooperative, dignified, and cost-effective way for couples to navigate the complexities of separation by working with one lawyer together.

Together you will work with the same lawyer who provides joint legal advice to both of you at the same time. The lawyer you work with will not take sides. Instead, they will give you an unbiased, neutral and professional assessment of the likely outcome that the court would consider fair. They are there to help you negotiate constructively and reach a solution that works for your situation.

Here at Mills & Reeve, we call this Separate well with one lawyer. You may also hear people talk about this as a “one couple, one lawyer” approach. 

At the outset, your lawyer will discuss the process carefully with each of you individually. This helps to identify key issues and determine if this approach is right choice for you. Your lawyer will also explore the alternative options available to you (such as mediation or arbitration) so you can make an informed decision. Assuming that separate well with one lawyer is the right approach, you will then move on to a series of joint meetings with the aim of reaching a binding agreement.

This guide shows you what the process looks like for many of our clients:

For each couple, we will agree a case plan following the initial consultation. This will depend on the circumstances of the case and the assets. We have provided some illustrative examples below (the cost of which is in addition to the cost of the initial individual meetings with each of you before the process is started):

  • You and your ex-partner have reached a complete agreement and have discussed all of the details. You simply need help to implement the agreement and draft the necessary court documents. The cost for this is £3,500 plus VAT and court fees. This doesn't include any pension expert advice and assumes that no joint meetings will be required.
  • You and your ex-partner have agreed some principles for your settlement but you need advice on how to refine the agreement and/or to understand your assets e.g. you have agreed in principle to a percentage split but you have not yet agreed what should happen to a specific asset or how a pension share should be calculated. We can help you consider your options and implement the agreement. In this scenario, the cost would range between £6,000 and £12,000 plus VAT, court fees and experts' fees. This assumes that between 2 and 3 joint meetings will be required.
  • You and your ex-partner have agreed that you would like to work together with one lawyer but have not yet agreed any principles. You don't know or have limited knowledge about the financial assets of the other person. This process would require us to take you through all the steps in the diagram above. The cost for most cases varies between £10,000 and £25,000 plus VAT, court fees and experts' fees, depending on the complexity of the case. This assumes that you will need between 3 and 5 joint meetings.
  • You and your ex-partner’s case is particularly complicated or your assets are of particularly high value. In this instance we will discuss your costs with you and may offer you a bespoke fixed fee, staged fixed fees or to carry out the work on an hourly rate basis.

Please note, these cost estimates are all the total cost for working with both of you and not per person

Is it right for me?

Separate well with one lawyer is well-suited to couples who want to work together constructively to reach a fair outcome. An important feature of this approach is that both of you must understand and agree that only one lawyer will be advising you.  The lawyer cannot give either of you individual advice without the other’s knowledge.

To be able to be successful, both of you must be committed to working towards a fair agreement amicably. You should both want to reach an agreement that takes into account and follows the law.  You should both be emotionally ready to address the issues your separation has raised together and you must be prepared to be open and honest – especially when it comes to your financial information.

Because separate well with one lawyer emphasises the need to work together, it may not be suitable where:

  • Your relationship has been abusive or there are other safeguarding concerns
  • There is a significant power imbalance in your relationship or one of you feels unable to make decisions freely
  • Emotions are running too high
  • There are concerns that unlawful acts have taken place

While separate well with one lawyer may not be suitable for everyone, it can be an effective and efficient way for many couples - even those with complicated finances or situations - to navigate the complexities of separation and reach a fair outcome. Within the process, it is possible to work with other professionals - such as pensions or tax experts - who can provide the information needed to reach a successful outcome.

What are the benefits?

One of the most significant benefits of separating well with one lawyer is the cost savings. By sharing a lawyer, you split the legal fees, making the process of getting legal advice much more affordable. This approach not only helps you save money but also ensures that you both have access to the same legal advice.  

Communication is also streamlined when you share a lawyer. With one lawyer facilitating discussions, communication is more straightforward and efficient. This can help prevent misunderstandings and ensure that you are both on the same page throughout the process. Clear and open communication is essential in reaching agreements that work for everyone involved.

Better communication also leads to less conflict and less stress. By working with the same lawyer, you focus more on problem-solving rather than scoring points or winning an argument. This is particularly important if you have children together and want to maintain a good co-parenting relationship. By focusing on working together, you can create a more positive environment for your family during what we know is a challenging time.

Separate well with one lawyer – like many of the different approaches to resolve disputes other than going to court – allows you the freedom to create a solution that fits your family. We will always take time to understand your family and what’s important to you both. By doing this, we can help find solution that works best for your family.  

How we can help

We were one of the first firms to offer an approach where a couple could work with just one lawyer. From those early days, we have a growing team with experience of working with couples to resolve and finalise both financial agreements and arrangements for their children.  

Ready to talk to us?

Our team of specialist family lawyers are here to support you if you're considering separating well with one lawyer. Speak to our team today. 

Our lawyers

Resources

How can you separate well with one lawyer?

This vlog discusses the way the Mills & Reeve family and children team are supporting clients through our "Separating well with one lawyer" service.

Family law vlogger - YouTube channel

On our YouTube channel, Caitlin Jenkins, partner at Mills & Reeve and the "Family Law Vlogger" gives you guidance on your first step in sorting out your issues.

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

FAQs

Approaches where only one lawyer is used are often compared to mediation, as both involve a separating or divorcing couple working with one professional to reach an agreement regarding finances and/or child arrangements. The main difference is the role of the professional. In mediation, the mediator can give information to support and assist the couple, but cannot provide advice. If the couple require further support or legal advice, they both need to instruct their own lawyer to advise them individually and confidentially between mediation sessions. In contrast, Separate well with one lawyer means the solicitor is specifically instructed by the couple to give them legal advice on a joint basis. This removes the need for the involvement of multiple legal professionals. 

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