Divorce for business owners: How the 'working together' approach can help

When business and marriage part ways, it is possible to move forward with clarity, respect and without conflict. Head of family law and qualified ‘Resolution Together’ lawyer Sharon Giles shares her guidance on ‘working together’ divorce for business owners.

The business of divorce is changing for the better.

Even when a divorce is amicable, solicitor involvement can often feel litigious. As a result, many couples opt to navigate the divorce process themselves and fall into traps that could have been avoided had they sought sound legal advice early on. Enter a new, much less contentious approach to divorce settlement discussions: the ‘one lawyer, two client’ approach, which we often refer to simply as “working together”.

This Solicitor’s Regulation Authority (SRA) approved method allows a divorcing couple to work jointly with a single professional to bring their marriage to an end. Representing a significant shift from traditional practices, ‘one lawyer, two client’ or ‘working together’ divorce focuses on cooperation, transparency, and mutual respect.

Who is a ‘working together’ approach suitable for?

This approach is best suited to couples who maintain a level of respect for one another, very often applicable to those working in business together, and are committed to open, honest communication.

Both parties must be willing to engage in constructive discussions around sensitive issues such as finances (to include business interests), property division, and, where applicable, arrangements for children.

An initial screening process ensures that the model is appropriate, including an assessment of the relationship dynamics and any history of control or abuse, as safety and fairness are paramount.

What are the benefits of a ‘working together’ divorce for business owners?

One of the primary advantages of joint legal advice is the reduction in conflict. Divorce can be emotionally challenging, especially when children are involved (and a family business can often fall into that category too), so minimising confrontation eases the strain on everyone. By working together with a single lawyer, communication becomes more productive with focus on finding solutions rather than picking fights.

Transparency is another key benefit. Both individuals hear the same legal advice at the same time, allowing for a shared understanding of the process and greater control over decision-making. This shared experience can help build trust and prevent misunderstandings. Using one lawyer instead of two also makes the process more cost-effective and efficient, eliminating the delays often caused by back-and-forth communication between separate legal representatives.

Unlike traditional divorces, where each party has their own lawyer advocating solely for their “best” interests, the ‘one lawyer, two client’ model emphasises collaboration. The process resembles mediation, aiming to reach outcomes that are fair and acceptable to both sides. If disagreements arise, alternative dispute resolution methods such as mediation or arbitration can be introduced to help move discussions forward.

What should I do?

For those considering this approach, the first step is a frank conversation with the lawyer to assess suitability and explain the process, followed by a joint meeting where everyone can decide if the forum feels right. Where the approach is assessed as appropriate, discussions typically take place over a small number of structured meetings, with all decisions recorded and agreed upon together.

Ultimately, the ‘one lawyer, two client’ model offers a more compassionate, efficient, and cooperative path to divorce for business owners, reflecting a broader shift towards resolving disputes with dignity and respect.

This joined up approach, advocated for by Resolution, has been long called for by family law professionals. It can also only bring music to the ears of divorcing couples, particularly those who are in business together and where the preservation of positive relationships and respect moving forward are paramount to the continued success of their business interests.

Our Legal 500 and Chambers-rated Family law department is among a small number in Gloucestershire able to offer the “working together” model through three specially trained lawyers. Our experts listen to your needs sensitively and fairly, providing clear, supportive and careful guidance to deliver the best outcome for you.