Separation is one of the most stressful experiences a family can go through. For generations, the default response in Australian family law has been the adversarial model — each party hires their own lawyer, positions are staked out, and the matter is fought through negotiation or, failing that, the Federal Circuit and Family Court of Australia. It works, but it is often slow, expensive, and emotionally damaging.
Increasingly, separating couples across Australia are asking whether there is a better way. The one lawyer model — sometimes called the single lawyer or collaborative one-lawyer approach — offers a genuine alternative. Instead of two lawyers pulling in opposite directions, one qualified family lawyer works with both parties together to reach a fair, legally sound agreement.
In this article we explain what the one lawyer model is, how it works under Australian family law, and why it may be the right pathway for your family.
What Is the One Lawyer Model?
The one lawyer model is a collaborative approach to resolving family law disputes after separation. A single, independent family lawyer is engaged jointly by both parties. That lawyer does not act for one party against the other. Instead, they provide shared, impartial legal guidance to help both of you reach agreement on parenting arrangements, child support, property and financial settlement, or divorce.
This is fundamentally different from the traditional adversarial model, where each party's lawyer advocates exclusively for their client. It is also more than mediation: where a mediator simply facilitates discussion and cannot give legal advice, the one lawyer model combines collaborative problem-solving with actual legal guidance from a qualified practitioner.
Once agreement is reached, the lawyer prepares the necessary documents — such as a parenting plan or consent orders — to formalise it. Those documents can be filed with the Federal Circuit and Family Court of Australia and, once approved, carry the same legal weight as orders made after a contested hearing.
How the One Lawyer Model Works in Practice
The process typically begins with an initial joint session, where the lawyer explains the framework, confirms that the one lawyer model is suitable for your circumstances, and identifies the issues you need to resolve. Both parties attend all sessions together — there are no individual sessions, which keeps the process transparent and balanced.
From there, the lawyer guides you through each issue in turn: the living and care arrangements for your children, the division of your property and superannuation, ongoing financial support, and the formal divorce application if applicable. Where useful, the process can draw in other professionals — such as an accountant or a family consultant — to ensure the outcomes are both legally sound and practically workable.
Because the lawyer works with both parties to the same timetable, matters often resolve more quickly than in the traditional model, where correspondence travels back and forth between two firms and disagreements over procedure can delay progress for months.
The Benefits of the One Lawyer Model
- A single, shared source of legal guidance — no conflicting advice from two opposing lawyers
- Lower total cost, with fixed fees rather than two sets of hourly bills mounting in parallel
- Less conflict and emotional strain, because the process is collaborative rather than adversarial
- Faster resolution, as both parties work to the same timetable instead of trading correspondence
- Greater privacy — matters are resolved in confidential sessions, not in open court
- Outcomes tailored to your family, not imposed by a judge who meets you briefly at trial
Is the One Lawyer Model Right for Every Family?
The one lawyer model is not suited to every situation. It relies on both parties being willing to participate in good faith and to engage openly with a shared legal process. Where there are significant power imbalances, family violence, or a genuine inability to negotiate constructively, the traditional model — with independent representation for each party — may be more appropriate.
That is why a suitability assessment is an important first step. At Settle Together, we help families understand whether the one lawyer model is right for their circumstances before committing to a pathway. If it is not, we can guide you toward the traditional services that are.
Frequently Asked Questions
Is the one lawyer model legally valid in Australia?
Yes. The one lawyer model is a recognised approach to resolving family law matters in Australia. Agreements reached can be formalised as parenting plans or consent orders, which are filed with and approved by the Federal Circuit and Family Court of Australia and carry the same legal weight as orders made after a contested hearing.
Is the one lawyer model the same as mediation?
No. Mediation is typically facilitated by a neutral third party who does not provide legal advice. The one lawyer model combines collaborative problem-solving with actual legal guidance from a qualified family lawyer, so both parties receive advice and the resulting agreement is properly formalised.
Can the one lawyer model be used for property settlement?
Yes. The one lawyer model is well suited to property and financial matters, including the division of assets, liabilities and superannuation. The lawyer helps both parties identify the asset pool, understand the law, and reach a just and equitable division that can be formalised by consent orders.
What happens if we cannot reach agreement?
If agreement cannot be reached, both parties are free to seek independent legal advice and pursue other pathways, including court. Nothing discussed in the process prevents you from taking that step later — you simply transition to the traditional model with separate representation.
Wondering Whether the One Lawyer Model Is Right for You?
Take our quick suitability check, or speak with our team about how the one lawyer model could work for your family.
