Can one lawyer represent both of us in our divorce?
Post written by a retired family law solicitor advocate
I originally wrote this post on 9 October 2006.
The advice remains the same.
The answer is no.
Divorce is a form of litigation and hence your interests differ from your ex's.
Most people who separate do not end up in divorce court.
They can reach a sensible agreement and simply wish for it to be made legal.
They cannot mediate because they are already in agreement.
They just want a solicitor to draft it.
Sometimes only one will instruct a solicitor.
This is not ideal because that solicitor has a duty to advise their client on the best outcome for them.
The other party, with no legal knowledge, may sign something not realising it is not in their best interest.
For example, monthly payments are always spousal maintenance (or child maintenance but there are specific legal restrictions in this regard), even if you think you are paying for the dog.
This leaves the door open for a future increase.
Or another bite at the capital cherry in the form of capitalised maintenance.
It is important to always seek legal advice.
Here is my original post:
https://divorcesolicitor.blogspot.com/2006/10/can-one-lawyer-represent-both-of-us.html
Couples separating without acrimony, who have grown apart and no longer love each other and simply wish to go their separate ways, often ask whether one solicitor can represent them both.
The answer is always no, no matter how friendly you are.
One lawyer cannot represent both parties in a divorce because this could result in a conflict of interest.
Divorce is a form of litigation and the English Legal System is adversarial.
A lawyer will advise you what is in your best interests, which, given the nature of the dispute, is unlikely to be in your spouse's best interests.
It is not necessary, although it is advisable for you both to have a solicitor.
One party could instruct a solicitor and the other could represent themselves.
However, the solicitor drawing up the papers will be acting on behalf of one party only and this is worth remembering if you are the unrepresented party.
SEPARATION, DIVORCE AND FINANCIAL BEST INTERESTS
It is also worth remembering that some people don't act in their own financial best interests.
Instructing a solicitor does not compel you to take his/her advice, although it does seem a pointless exercise to instruct and then not act upon it.
Some people simply wish to know their legal rights and then are quite prepared to act against them.
For example, men who have left their wives for other women;
men whose wives are the main breadwinners and who are too proud to claim their share;
men who don't want their children to be affected financially by the divorce;
woman who are scared of their husbands;
women who would rather go without than take "his money".
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