Debunking the Myth: Sharing a Lawyer in Divorce Doesn’t Mean Sacrificing Fairness
When embarking on the journey of divorce, many couples in the UK strive for an amicable resolution, hoping to part ways with respect and minimal conflict. However, a pervasive myth can make this goal seem out of reach: the belief that sharing a lawyer in divorce is risky and might lead to a biased outcome favouring one spouse over the other. This misconception often deters couples from considering this option, despite its numerous benefits. In reality, sharing a lawyer is not only a viable choice but also a strategic one, particularly for those committed to an amicable divorce.
Understanding the Role of a Shared Lawyer
At the heart of this myth lies a misunderstanding of what it means to share a lawyer. Unlike the traditional adversarial approach, where each spouse hires their own lawyer to advocate for their individual interests, the “One Couple One Lawyer” model emphasizes neutrality and fairness. A shared lawyer is not an advocate for one party over the other; instead, they provide balanced advice aimed at helping both parties reach a fair agreement.
This approach works particularly well for couples who are committed to finding an outcome which is fair. The shared lawyer’s role is to facilitate this process, ensuring that both parties understand their rights and the likely outcome if their case were to go to court. This guidance helps set realistic expectations and encourages cooperation rather than conflict.
Why the Myth Persists
The myth that sharing a lawyer could result in an unfair outcome likely stems from the traditional view of divorce as a combative process, where each side needs a strong advocate to fight for their rights. In this adversarial framework, the idea of sharing a lawyer might seem counterintuitive—how can one lawyer represent both sides fairly?
However, this myth overlooks the key difference in the amicable divorce process. When couples choose to share a lawyer, they are consciously opting out of the adversarial model. They have already decided to approach their separation with a spirit of collaboration, making fairness and mutual respect their priorities. The shared lawyer’s job is not to “win” for one party but to guide both towards an outcome that a court would likely view as equitable.
The Benefits of Sharing a Lawyer
- Cost-Effective: One of the most tangible benefits of sharing a lawyer is the cost savings. Divorce can be an expensive process, particularly when each party hires separate legal representation. By sharing a lawyer, couples can significantly reduce their legal fees, as they avoid paying for duplicate services.
- Streamlined Process: With a single lawyer handling the case, the divorce process often moves more quickly and smoothly. There is no need for the back-and-forth communication that typically occurs between two separate lawyers, which can slow down proceedings and increase tension. This streamlined approach helps both parties reach a resolution faster, allowing them to move on with their lives.
- Focus on Fairness: A shared lawyer’s primary focus is on what is fair for both parties, based on what a court would likely decide. This helps manage expectations and encourages both individuals to think realistically about the outcome. Because the lawyer is working for both parties, there is a built-in incentive to ensure that the agreement is balanced and just.
- Reduced Conflict: Sharing a lawyer helps maintain a focus on cooperation and mutual goals. This approach reduces the likelihood of disputes escalating into full-blown legal battles, which can be emotionally and financially draining. By fostering a collaborative atmosphere, couples are more likely to maintain a positive relationship post-divorce, which is especially important when children are involved.
Conclusion
The belief that sharing a lawyer in a divorce could lead to a biased or unfair outcome is a myth that needs to be debunked. For couples who are committed to an amicable separation, sharing a lawyer is not only safe but also beneficial. It promotes fairness, reduces costs, and streamlines the process, all while minimising conflict.
By choosing the “One Couple One Lawyer” approach, you’re opting for a divorce process that respects both parties’ needs and sets the stage for a smoother transition into the next chapter of your lives. If you’ve been hesitant to consider this option due to concerns about fairness, it’s time to rethink and embrace the benefits that this innovative approach to divorce can offer.
For those who value an amicable, respectful, and efficient divorce, sharing a lawyer might just be the key to achieving a fair and balanced outcome.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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