Single lawyer model
One lawyer will work with you and the other parent to manage your separation together without going to court. The lawyer does not represent either of you individually and will give you both legal advice together. The lawyer cannot advise two clients who are in conflict.
The lawyer will offer legal advice based on the information provided by you and the other parent and will explain how a court might deal with matters relating to your children and/or financial situation.
You may each need to hire a new lawyer if you decide to proceed to court.
Choose Single lawyer model if...
You can still communicate with the other parent but would benefit from professional legal advice.
Pros
- quicker and less stressful than court
- more co-operative approach to separation
- can produce a mutual agreement
Cons
- will not work if you are in conflict with the other parent
- not suitable for cases with domestic abuse or safeguarding concerns
- can be an expensive process
- you'll need a consent order to make agreement legally binding
Step 1 Hire a single lawyer
The single lawyer approach is best suited to amicable separations. You may have some disagreements about matters relating to your children and/or financial situation and could benefit from professional assistance, but this approach is not a form of dispute resolution.
The lawyer will instead provide legal advice to you and the other parent who are committed to working together to reach an agreement. The lawyer cannot advise two clients who are in conflict.
You and the other parent hire one professional trained in the single lawyer process. This is different to the traditional approach where you and the other parent would each hire separate lawyers to represent your individual interests.
You are free to decide how to share the costs of the single lawyer.
Step 2 Meet with your lawyer
The lawyer will first meet with you and the other parent separately to determine if the approach is right for you and to check if there are any safety concerns. The single lawyer model is not appropriate where, for example, there is a power imbalance, or the case is particularly complex.
You and the other parent must agree to share all of the relevant facts and must commit to being open and transparent throughout the process.
Some providers will offer a free consultation and a fixed price service.
Fees will vary depending on your situation, location, and the experience of the lawyer.
Step 3 Attend meetings
The single professional will offer legal advice based on the information provided by you and the other parent and will explain how a court might deal with matters relating to your children and/or financial situation.
The legal professional will work with you and the other parent to resolve any issues. They will help you to reach a workable solution that is acceptable to you both.
Where necessary, the legal professionals can make a referral to other professionals such as therapists and mediators.
If you reach an agreement
What you have agreed should be recorded in writing and include all of the relevant details of the arrangements.
If you are unable to reach an agreement
You may each need to hire a new lawyer if you decide to take your case to court.
Step 4 Make your agreement legally binding
You can ask for the decision to be made into a consent order by the court.
The single legal professional can prepare the consent order based on what you and the other parent have agreed.
The court will consider the order and make your agreement legally binding if it believes that what you have agreed is appropriate
GOV.UK has more information about consent orders and making your agreement legally binding.