When Separation Doesn’t Have To Mean Opposition: What ‘One Couple, One Lawyer’ Tells Us About Modern Divorce

For a long time, divorce tended to follow a fairly predictable pattern, and not always a comfortable one. Even where a couple wanted to keep things amicable, the legal process could pull them in a more adversarial direction. Each person would instruct their own solicitor, communication would pass back and forth, and positions could harden without anyone setting out for that to happen.

The introduction of no-fault divorce, under the Divorce, Dissolution and Separation Act 2020 and implemented in April 2022, has altered that landscape in a way that is still unfolding. While the reform itself is now familiar, its influence is showing up less in procedure and more in how people approach separation from the outset.

A shift in mindset, not just process

At the time, much of the focus was on the removal of blame. In practice, that change has had a quieter but more lasting effect. Without the need to set out allegations about why a relationship has broken down, one of the main sources of early conflict has simply disappeared from the process.

That has, gradually, changed expectations. Separation is less often approached as something to be contested, and more often as something to be worked through. That is not to suggest that disagreement has gone away, but the starting point is different. There is often less incentive to entrench positions early, and more space to focus on what needs to happen next.

It is within that context that more collaborative ways of working have begun to take hold. The One Couple, One Lawyer model is one example of this shift. Rather than each party instructing their own solicitor, both individuals work with the same lawyer, who provides legal guidance to them jointly. The role is not to advance one person’s position over the other, but to help both understand the legal framework and move towards an outcome that is workable and fair.

For some couples, that change in structure makes a noticeable difference. Everyone hears the same advice at the same time. There is less opportunity for misunderstanding, and less scope for the kind of incremental escalation that can arise when communication is filtered between two separate legal teams. Conversations can remain more focused on resolving the issues, rather than managing the process itself.

A more proportionate way forward

Where that approach works well, it can also make the process feel more proportionate. Matters may be resolved more quickly, simply because there are fewer procedural steps and less duplication of work. The cost savings that can follow are often significant, but they are not always the primary driver.

Many couples are looking for a way of separating that does not feel unnecessarily adversarial. They may still need legal guidance, particularly where finances or arrangements for children are concerned, but they do not necessarily want the structure of that advice to create distance or tension. A joint approach can, in the right circumstances, support a more direct and constructive form of engagement.

That said, it is not a model that will suit every situation. The ability to work together in this way depends on both individuals being able to participate openly and on reasonably equal terms. Where there are concerns around safeguarding, or a history of domestic abuse, separate legal representation remains essential. In those cases, the priority must be ensuring that each person’s position is properly protected.

Even in cases that appear straightforward, separation is rarely without its challenges. Legal structures can help guide the process, but they cannot remove the emotional weight that often sits behind it. Reaching agreement still requires time, patience, and a willingness to engage with difficult issues.

What is changing, however, is the range of options available. The growth of models such as One Couple, One Lawyer reflects a broader shift within family law towards approaches that prioritise resolution over confrontation. That shift has been supported by organisations such as Resolution which encourages solicitors to work with couples jointly where appropriate.

At the same time, client expectations have evolved. Many individuals now actively seek out processes that allow them to move forward with clarity, and without unnecessary conflict. In that sense, the continued development of collaborative models is not simply a legal innovation, but a response to how people want to experience separation.

Where this leaves family law

No-fault divorce is now part of the established legal landscape, but its longer-term impact is still taking shape. It has not removed complexity, and it has not eliminated disagreement. What it has done is create space for different approaches to emerge, and for couples to have greater choice in how they navigate the process.

For some, a traditional route will remain necessary. For others, a more collaborative model may offer a better fit. The role of the family lawyer is, increasingly, to help identify which approach is most appropriate, and to support clients through that process with clarity and care.

Separation will never be straightforward. But it no longer needs to default to opposition. For many couples, that shift alone represents a meaningful change in how the end of a relationship can be managed.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.