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.