Divorce and separation can often be a stressful and adversarial life event that can leave families with long-lasting emotional and financial consequences. The process of dividing assets, determining child arrangements, and negotiating support can quickly escalate into conflict, making it difficult to find a solution that is fair and respectful for everyone involved.
An alternative approach, known as the One Lawyer model, offers a way to navigate these challenges with a focus on collaboration and mutual respect. This approach can help separating couples achieve a more peaceful resolution and minimise the negative impacts of divorce, ultimately prioritising the well-being of all parties, particularly children.
In this blog, we’ll explore how a separating couple can use the One Lawyer model to help navigate financial disputes and child arrangements in a way that is equitable, respectful, and in the best interests of everyone involved.
What is the One Lawyer Model?
The One Lawyer scheme allows a single legal professional to assist both parties in a separation or divorce. This approach facilitates discussions, provides legal guidance, and helps both parties reach mutually agreeable solutions. It is especially useful in situations where communication has broken down, and couples want to avoid the adversarial nature of traditional court proceedings.
How can a One Lawyer help with Separation and Divorce?
- Neutral Facilitation: A neutral lawyer works with both parties to find common ground and guide the process.
- Minimises Conflict: By fostering collaboration, a neutral lawyer reduces the emotional strain and helps avoid contentious court battles.
Financial Resolution with One Lawyer
Dividing finances can be one of the most complex and contentious aspects of a separation or divorce. Property, investments, pensions, debts, and spousal support must all be considered. The decisions made during this phase will have long-lasting financial impacts on both parties.
How can a One Lawyer help navigate financial issues?
1. Asset Division
A neutral lawyer will assist in the fair division of assets, both tangible and intangible, ensuring that everything from property, vehicles, bank accounts, business interests, and pensions is accounted for. They’ll help both parties understand their rights and options to ensure a fair distribution.
2. Debt Allocation
Separating couples must also address how shared debts, such as mortgages, loans, and credit card balances, will be managed. A neutral lawyer can help allocate debts fairly between the parties, avoiding confusion or resentment down the line.
3. Spousal Support
Spousal support can be a contentious issue, particularly if one spouse has been financially dependent on the other. A neutral lawyer helps both parties understand legal guidelines on spousal support and works to negotiate terms that are fair and reasonable. The lawyer also assists in determining the appropriate duration and amount of support, taking into account factors such as income, standard of living, and the length of the marriage.
4. Child Support
When children are involved, child support becomes a crucial aspect of the financial settlement. A neutral lawyer ensures that child support calculations comply with legal guidelines and are based on the needs of the children, as well as the parenting arrangement. The lawyer can also facilitate an open discussion about the financial responsibilities of each parent moving forward.
By assisting in these areas, a neutral lawyer helps separating couples make informed decisions, reduce conflict, and avoid the financial strain and stress that often come with litigation.
Meet Your One Lawyer Specialist
Shelley Wales qualified as a solicitor in 2001 and is a Partner and Head of Family Dispute Resolution here at Thornton Jones Solicitors. Shelley is a qualified Family Mediator and One Lawyer service provider.
Shelley’s warm and calm demeanour helps couples who are separating and divorcing reach fair and amicable outcomes, offering reasonable and pragmatic solutions to both children and financial matters, Shelley has a wealth of experience in achieving long lasting results.
Co-Parenting and Child Arrangements
When children are involved, the well-being of the child must always be the priority. Divorce or separation can be emotionally draining, and children often find themselves caught in the middle of conflicts. A neutral lawyer can help parents develop a parenting plan that works for both parties and serves the children’s best interests.
How can a One Lawyer Help with Co-Parenting and Child Arrangements?
- Parenting Plans: A neutral lawyer helps parents create a comprehensive parenting plan that outlines the time each parent will spend with the child and addresses important decisions related to the child’s upbringing. The aim is to create a plan that is flexible yet provides stability for the child.
- Co-Parenting Support: Successful co-parenting relies on cooperation and open communication between parents. A neutral lawyer can help facilitate discussions around each parent’s expectations, needs, and evolving roles, offering advice on effective communication tools that reduce misunderstandings and prevent conflict.
- Emotional and Legal Support: Divorce and separation can be a turbulent emotional journey. A neutral lawyer offers both legal expertise and a supportive environment where parents can express their concerns and work collaboratively to find solutions that benefit everyone, especially the children.
What are the Benefits of Using a One Lawyer?
Opting for a neutral lawyer during a separation or divorce comes with several significant benefits:
1. Cost-Effectiveness
Divorce proceedings can be costly, particularly when both parties hire separate lawyers. Using one lawyer helps streamline the process, which can significantly reduce legal fees and associated costs.
2. Reduced Conflict
Divorce is often emotionally charged, and the One Lawyer model helps manage tensions by encouraging open, respectful communication. This is especially important when children are involved, as it reduces the emotional strain on them and promotes a more cooperative co-parenting dynamic.
3. Faster Resolution
Traditional divorce processes can take months or even years to resolve, especially when they involve lengthy court proceedings. Working with one lawyer allows couples to resolve issues more efficiently, leading to a quicker, less stressful conclusion.
4. Consistent Legal Advice
Having one lawyer provides consistent legal advice to both parties. This ensures that everyone has a clear understanding of their rights and obligations, reducing the likelihood of misunderstandings and disagreements.
5. Tailored Solutions
By working with one lawyer, couples can develop tailored solutions that address their specific needs and circumstances. The lawyer helps craft agreements that are fair, balanced, and mutually beneficial.
Is a One Lawyer Right for You?
This model works well for couples who wish to work together constructively to reach a fair outcome. However, it’s essential that both individuals understand and agree that the lawyer will be advising them jointly.
When One Lawyer Might Not Be Suitable:
- Domestic Abuse: If there has been any form of abuse in the relationship, the One Lawyer model may not be appropriate.
- Power Imbalance: If there is a significant power imbalance between the parties, a neutral lawyer may not be the best choice.
- Financial Transparency Issues: If one party is concerned that the other may hide financial information, the model may not be effective. Transparency and trust are crucial for this approach to work.
Even in complex financial situations, such as with pensions or taxes, a neutral lawyer can help identify when outside expertise is needed and bring in the appropriate advisors.
How is One Lawyer Different from Mediation?
The One Lawyer model is often compared to mediation. Both involve a separating couple working with a professional to reach an agreement on financial and child-related matters. However, the primary difference lies in the role of the professional.
- Mediation: In mediation, the mediator provides assistance but cannot give legal advice. If the couple requires legal advice, they must instruct separate lawyers outside the mediation sessions.
- One Lawyer Model: In the One Lawyer model, the solicitor provides joint legal advice to both parties, eliminating the need for separate legal advice. This helps simplify the process and keeps costs down.
The cost of participating in the One Lawyer model can vary, depending on the matters which need resolving and the complexity. The trained expert lawyer will be able to provide fee information at the initial separate meeting.
Proceeding with the One Lawyer model typically depends on specific criteria. Generally, it may be suitable for separating couples in relation to financial matters and/or child arrangements following on from their separation.
The One Lawyer Scheme is most effective for cases that require consistent and ongoing legal support. It is commonly used for family law matters, such as divorce, finances or child arrangement disputes. Complex cases where multiple legal issues need to be managed simultaneously can also benefit from this approach. If you’re unsure whether your issue is suitable, it’s best to speak with the legal provider directly to determine if this approach is appropriate for your needs.
How Do I Get Started with One Lawyer?
If you and your ex-spouse or partner are interested in the One Lawyer model for resolving financial matters or child arrangements, the first step is to schedule an initial suitability assessment with a lawyer experienced in this model. For more information about how One Lawyer can help you through your divorce and separation, and to explore the other Alternative Dispute Resolution (ADR) options available to you, please call us at any of our offices to discuss your unique situation and to make an appointment.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
