Can a divorcing couple use the same solicitor?

Traditionally, couples that are divorcing have always been told that they cannot use the same solicitor for their divorce, as legally it was not permitted.

However, following the introduction of the No Fault divorce law that came into force in April 2023, the option to use the same solicitor in some circumstances is now available.

Under the No Fault divorce law, both parties to the divorce now have the opportunity to be joint applicants, instead of one person having to be on the receiving end of the divorce.  This new joint divorce application was introduced with the aim of trying to allow parties that are amicable to both approach the Court in a more collaborative way, with a view to ending the marriage.  

In situations where parties want to explore a joint divorce, they can either choose to instruct different solicitors, whilst still being joint applicants, or alternatively they can decide to have one solicitor represent them both in the application.  

This represents a huge shift in the way that divorce in England and Wales is approached and a lot of solicitors are still shying away from it, for fear of the difficulties that may arise when representing two clients.  For example, if for any reason one party suddenly had a change of heart and decided they didn’t want to proceed, whilst the other party did, this may place the joint solicitor in a position whereby they can no longer proceed to act.  

However, using one solicitor can of course have it’s benefits, as there is one set of legal fees rather than two, there is less delay, as the parties don’t have to wait for one solicitor to respond to the other, and there is more transparency in terms of what information is being shared, as both parties are in receipt of the same advice from one source.

Here at Poole Alcock, we have a large and highly experienced Family Team who are well versed in the new No Fault divorce law and are able to accommodate couples interested in exploring the option of using one solicitor to complete their divorce for them.For more information, please contact our Team on 0800 470 0331