Divorcing together – towards harmonious separations?

Widely praised as one of football’s greatest ever managers, Manchester City’s Pep Guardiola has excelled as a master of tactical innovation in his professional life. So perhaps it should come as no surprise that the Catalan legend seems to be taking a pioneering and innovative approach to matters in his private life as well.

News outlets reported back in March that Guardiola and his partner of over 30 years, Cristina Serra, have chosen to divorce using the “one couple, one lawyer” approach, which was developed by Resolution, the UK’s family law body, as part of a general push to make divorces less contentious and to promote non-court resolution.

The Divorce, Dissolution and Separation Act 2020 brought a raft of changes to divorce law in England and Wales, including the scrapping of fault-based divorces and the introduction of a 20-week “cooling off” period to allow time for reflection between the start of divorce proceedings and when a party can apply for a conditional order.

The “one couple, one lawyer” method offers parting couples the chance to work together with a single solicitor to iron out any differences and agree a split of the marital assets and child arrangements outside of court, making significant savings on legal fees and likely reducing the emotional toll of the process.

While the provisions in the SRA Code of Conduct for solicitors ordinarily prohibit a solicitor from acting on behalf of two parties where there is a potential conflict of interest, the assumption here is that both clients have a substantially common interest in terms of achieving a fair resolution.

Whether “one couple, one lawyer” will work for you will frankly depend on how well you can collaborate with each other, as well as the complexity of your finances and the extent of your differences in terms of what you each believe a fair outcome looks like.

First, you would agree on instructing a lawyer who offers this service, and the lawyer would then meet with each party separately before confirming that the approach is the right one for you. Assuming that there are no concerns about domestic violence or coercion, for example, or your overall capacity to work together, your joint solicitor would then guide you through the process of working out your finances and any arrangements for your children, involving other professionals in their network such as mediators and accountants as required, before drawing up an agreement that the court can approve.

While this sounds perfectly sensible, the approach will not suit all divorcing couples. In an ideal world, all divorcing couples would be on great terms, with no grievances to bear or intractable issues between them, determined to proceed through their formal separation with mutual respect and in the best interests of any dependents.

In reality, marital breakdown can be incredibly stressful and divorce often brings out the worst in two people who are deeply familiar with each other’s vulnerabilities and may feel that they want to score points rather than share the same lawyer. For personal or commercial reasons, one party may want to drag out the process and delay signing paperwork, or to rush things through without proper consideration of the legal entitlements of the other.

Every family lawyer worth their salt will seek to diffuse tensions and resolve matters out of court as quickly and efficiently as possible, yet every divorce is different. Some are straightforward and can be resolved with minimal conflict; others may start off on a relatively harmonious path before spiralling into acrimony. Events can take unexpected turns and parties can be wrongfooted by new revelations.

It also remains to be seen whether “one couple, one lawyer” can be effective in cases where the financial affairs of the couple are highly complex and maybe even multi-jurisdictional. Or in cases involving children, where the needs or desires of those children may be unpredictable and may change over time.

Ultimately, while it may not work for everyone, innovation in the way that family law practitioners deliver our services is vital if we are keep meeting the needs of every client, and this new approach designed to reduce both conflict and costs is to be warmly welcomed.

The family law community will be watching closely to find out how “one couple, one lawyer” works out in the case of Guardiola. As the manager knows only too well, whatever your tactical choices, it is not always possible to predict the nature of the opposition.